Statute of Limitations
Michigan has a 3-year statute of limitations for product liability claims (M.C.L. § 600.5805). For minor victims, M.C.L. § 600.5851 tolls the SOL during minority — child has until age 21 (18 + 3 years) to file. Michigan's 10-year statute of repose (M.C.L. § 600.5941) bars claims more than 10 years after the product's first sale or delivery. Michigan requires heightened expert witness disclosure standards under MCR 2.302.
3 years from date of burn (tolled until age 18 for minor victims; 10-year statute of repose from first sale)
Where to File in Michigan
Michigan venue: Instant soup burn actions are filed in Michigan Circuit Courts (state court), in the county of the injury or the defendant's registered agent's county. Wayne (Detroit), Oakland, and Kent (Grand Rapids) Counties are common personal injury venues. No federal MDL exists for these claims.
Statute of limitations: MCL § 600.5805(2) sets a 3-year SoL for personal injury actions, running from the date of the burn. MCL § 600.5851 tolls the period for minors — injured children have 1 year after turning 18 (or 3 years from injury if longer) to file.
Products liability standard: Michigan's product liability law (MCL § 600.2945 et seq.) governs design defect, manufacturing defect, and failure-to-warn claims. Michigan applies the risk-utility test for design defects and requires proof that a safer alternative design existed. Note: Michigan has limited strict liability — negligence elements often apply to design defect claims.
Consumer protection: Michigan's Consumer Protection Act (MCL § 445.901 et seq.) prohibits unfair, unconscionable, or deceptive trade practices. Burn plaintiffs can bring MCPA claims for misleading microwave-safety labeling, recovering actual damages or $250 (whichever is greater), plus attorney's fees.
Exposure in Michigan
Source: M.C.L. § 600.2946
Source: M.C.L. § 600.5941
Source: Michigan Court Rules MCR 2.302