Statute of Limitations
Pennsylvania has a 2-year statute of limitations for personal injury and product liability claims (42 Pa. C.S. § 5524). For minor victims, 42 Pa. C.S. § 5533 tolls the SOL during minority — a child has until age 20 (18 + 2 years) to file independently. Pennsylvania does not have a separate statute of repose for product liability, which benefits plaintiffs with delayed discovery of product connections.
2 years from date of burn (tolled until age 18 for minor victims; no statute of repose)
Where to File in Pennsylvania
Pennsylvania venue: Instant soup burn cases are filed in Pennsylvania Courts of Common Pleas (state court), in the county of injury or where the defendant has a registered office. Philadelphia and Allegheny Counties are primary personal injury venues. No federal MDL governs these claims.
Statute of limitations: 42 Pa. C.S. § 5524(2) establishes a 2-year SoL for personal injury actions, beginning on the date of the burn. Pennsylvania tolls the SoL for minors under 42 Pa. C.S. § 5533 — injured children have 2 years from their 18th birthday to file.
Products liability standard: Pennsylvania follows strict liability under Restatement (Second) § 402A as interpreted by Webb v. Zern and Tincher v. Omega Flex. Plaintiffs may pursue design defect claims under either the consumer expectations or risk-utility test, without proving negligence against Nissin, Maruchan, or Campbell's.
Consumer protection: Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL, 73 P.S. § 201-1 et seq.) allows recovery for deceptive representations about product safety. Prevailing plaintiffs may recover actual damages, up to three times actual damages for intentional violations, and reasonable attorney's fees.
Exposure in Pennsylvania
Source: Webb v. Zern, 422 Pa. 424 (1966)
Source: 42 Pa. C.S. § 5524
Source: ATRF Jurisdictional data 2024