Statute of Limitations
Illinois has a 2-year statute of limitations for personal injury claims and a 5-year SOL for strict liability product liability claims (735 ILCS 5/13-213). For minor victims, 735 ILCS 5/13-211 tolls the SOL during minority. Illinois has a 12-year statute of repose for product liability (735 ILCS 5/13-213(b)), extinguishing claims more than 12 years after the product's delivery. Plaintiffs should rely on the longer 5-year product liability SOL where applicable.
2 years (personal injury) or 5 years (strict product liability) from date of burn; tolled until age 18 for minor victims; 12-year repose
Where to File in Illinois
Illinois venue: Burn injury cases are filed in Illinois Circuit Courts (state court), most commonly in Cook County (Chicago) given its volume of personal injury filings and presence of distributor offices. No MDL has consolidated instant soup burn cases federally.
Statute of limitations: 735 ILCS 5/13-202 provides a 2-year SoL for personal injury actions, running from the date of the scalding injury. Under 735 ILCS 5/13-211, the SoL is tolled for minors until age 18, granting injured children a 2-year window after reaching majority.
Products liability standard: Illinois imposes strict liability under the consumer expectations test for design and manufacturing defects (Lamkin v. Towner). Plaintiffs in cup noodle burn cases need not prove negligence — they must show the container was unreasonably dangerous and that the defect caused the burn.
Consumer protection: The Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2) enables burn plaintiffs to challenge false or misleading microwave-safety representations. Remedies include actual damages, punitive damages, injunctive relief, and attorney's fees.
Exposure in Illinois
Source: 735 ILCS 5/13-213
Source: ATRF National Jury Survey 2024
Source: Cook County Circuit Court public record