Statute of Limitations
Ohio has a 2-year statute of limitations for personal injury and product liability claims (O.R.C. § 2305.10). For minor victims, O.R.C. § 2305.16 tolls the SOL during minority. Ohio's 10-year statute of repose (O.R.C. § 2305.10(C)) bars claims against manufacturers more than 10 years after delivery of the product — relevant if an old cup caused the burn. File promptly to avoid any repose argument.
2 years from date of burn (tolled until age 18 for minor victims; 10-year statute of repose from product delivery)
Where to File in Ohio
Ohio venue: Instant soup burn claims are filed in Ohio Courts of Common Pleas (state court), General Division, in the county of injury or the defendant's principal place of business. Cuyahoga (Cleveland) and Franklin (Columbus) Counties are major personal injury venues. No federal MDL covers these cases.
Statute of limitations: Ohio Revised Code § 2305.10(A) establishes a 2-year SoL for product liability personal injury claims, running from the date of injury. ORC § 2305.16 tolls the period for minors — injured children have until 2 years after their 18th birthday to file.
Products liability standard: Ohio's Product Liability Act (ORC §§ 2307.71–2307.80) governs these claims. Plaintiffs may proceed on design defect (risk-utility test under § 2307.75), manufacturing defect (§ 2307.74), or inadequate warning (§ 2307.76) theories. Strict liability applies; negligence need not be proven.
Consumer protection: Ohio's Consumer Sales Practices Act (ORC § 1345.01 et seq.) prohibits unfair or deceptive acts in consumer transactions. Burn injury plaintiffs can assert CSPA claims for misleading product safety representations, recovering actual damages, non-economic damages, and attorney's fees.
Exposure in Ohio
Source: O.R.C. § 2305.10(C)
Source: Ohio Revised Code Chapter 2307
Source: Cuyahoga County Common Pleas Court record