Published by If you or a loved one experienced severe burn injuries following a hot soup spill from an instant soup cup or at a restaurant, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to dangerous product designs and negligence.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
Table Of Contents
- Hot Soup Spill Burn Lawsuit Overview
- Latest Hot Soup Burn Lawsuit Updates
- Medical Reports and Statistics
- Hot Soup Burn Injuries & Side Effects
- Do You Qualify for a Hot Soup Burn Lawsuit?
- Statute of Limitations for Hot Soup Burn Lawsuits
- FAQs
- 1. Why are instant soup cups particularly dangerous?
- 2. How could manufacturers make instant soup cups safer?
- 3. Can I file a lawsuit if I was burned by hot soup at a restaurant?
- 4. What evidence is needed to support a lawsuit involving a hot soup spill burn?
- 5. Who can be held liable in a hot soup spill burn lawsuit?
- 6. How much compensation can I receive for a soup burn injury?
- 7. Are children’s burn injury cases handled differently?
- Take Action Now: Time-Sensitive Legal Claims
- References
Hot Soup Spill Burn Lawsuit Overview
Instant cups of soup may be among the quickest and easiest meals to prepare, but they may also be some of the most dangerous.
According to doctors around the country, these popular instant meals are a major cause of serious burn injuries.
Sadly, the victims are often toddlers or young children who accidentally knock over the cups and spill the scalding liquid onto their bodies.
Hot soup burn lawsuits center on the unsafe design of instant soup cups that can easily tip over, causing severe scalding injuries.
Primary allegations against manufacturers include failure to address known design flaws that create instability, inadequate warnings about burn risks, and negligence in implementing simple design changes that could prevent injuries.
Multiple hospitals report seeing numerous burn injuries each week from instant soup spills, with children under four being particularly vulnerable to these incidents.
Latest Hot Soup Burn Lawsuit Updates
February 2, 2018
– A court in Seoul, Korea, ordered Asiana Airlines and one of its employees to pay a passenger approximately 100 million won ($93,569) for severely burning her by accidentally pouring instant noodle soup on her during a flight, resulting in second and third-degree burns to her lower body.
April 28, 2016 – A settlement was reached in a federal lawsuit filed by a woman from Forsyth County, North Carolina, who claimed a Maruchan instant noodle soup cup caused her 1-year-old daughter to suffer second-degree burns to her groin, chest, shoulder, and back when it was accidentally tipped over [1].
December 5, 2011 – NPR’s Morning Edition reported that injuries caused by instant soup cups are far more widespread than commonly believed, with eight of the 12 hospitals contacted confirming they see numerous burn injuries each week, while the other three reported seeing at least one over the course of a week.
Medical Reports and Statistics
According to medical studies and hospital reports regarding instant soup burn injuries:
- Research published in the 2006 book ‘Instant Cup of Soup: Design Flaws Increase Risk of Burns’ found that popular brands like Cup Noodles can tip over at angles as low as 22 degrees
- Multiple hospitals report seeing between 5-20 soup burn injuries weekly, primarily affecting young children
- Liquids with a temperature of 140 degrees can cause third-degree burns within just five seconds of skin contact
- Scald burns are the most common type of burn injury in children under the age of four
- According to the American Burn Association, approximately 500,000 scald burns occur annually in the United States, with a significant percentage attributed to hot food and beverages
- Medical costs for treating moderate to severe burn injuries can range from $200,000 to over $1.6 million per patient
Hot Soup Burn Injuries & Side Effects
Hot soup spills can cause devastating burn injuries, particularly to young children whose skin is thinner and more susceptible to damage from high temperatures. These injuries often require extensive medical treatment and may leave permanent scarring.
- First-Degree Burns: Surface burns affecting only the outer layer of skin, causing redness, pain, and minor swelling that typically heals within a week
- Second-Degree Burns: More serious burns penetrating beyond the top layer of skin, resulting in blistering, intense pain, possible infection, and potential scarring that may take weeks to heal
- Third-Degree Burns: Severe burns destroying all layers of skin and potentially damaging underlying tissue, nerves, and blood vessels, requiring skin grafts and leading to permanent scarring and potential disability
- Psychological Trauma: Long-term emotional and psychological effects including anxiety, depression, post-traumatic stress disorder, and body image issues, particularly in children who may require ongoing psychological support
Scald Burn Injuries
Scald burns occur when extremely hot liquids are splashed on the skin. Hot water, coffee, tea, steam, and soup are all hot enough to cause serious burn injuries.
Liquids with a temperature of 140 degrees can cause a third degree burn within five seconds. Sadly, scald burns are the most common type of burn injury to occur in children under the age of four.
These accidents typically occur when parents or caregivers are in a hurry and do not take the appropriate preventative measures.
Do You Qualify for a Hot Soup Burn Lawsuit?
You may qualify for a hot soup burn lawsuit if:
- You or a family member (especially a child) suffered moderate to severe burns from spilled instant soup
- The burn injury required medical treatment such as emergency care, hospitalization, or ongoing therapy
- The incident occurred due to an easily tipped over soup cup or container
- You can demonstrate that the manufacturer’s design contributed to the spill (such as narrow-based, top-heavy containers)
- The incident occurred in a restaurant where staff negligence contributed to the spill or where soup was served at dangerously high temperatures
- You have documentation of both the injury and the product that caused it
Evidence Required for a Hot Soup Burn Lawsuit
- Medical records documenting the extent and treatment of burn injuries
- Photographs of the burns at various stages of treatment and healing
- The actual soup container or packaging, if available
- Receipts or proof of purchase of the soup product
- Witness statements if others observed the incident
- Documentation of any communication with the manufacturer or restaurant
Damages You Can Recover
- Medical expenses including emergency treatment, hospitalization, surgery, prescription medications, and rehabilitation
- Future medical costs for ongoing treatment, such as scar revision surgery or physical therapy
- Lost wages if you or a caregiver had to miss work to care for burn injuries
- Pain and suffering associated with the physical and emotional trauma of severe burns
- Permanent disfigurement and scarring compensation
- Punitive damages in cases where manufacturers knowingly ignored safety concerns
Statute of Limitations for Hot Soup Burn Lawsuits
The statute of limitations for filing a hot soup burn lawsuit varies by state but typically ranges from 1-3 years from the date of injury.
For minors, many states toll (pause) the statute of limitations until they reach the age of majority, which is typically 18 years old.
Some states also apply a “discovery rule,” meaning the time limit begins when you discovered or reasonably should have discovered that your injury was caused by a defective product or negligence.
Since burn injuries typically manifest immediately, the discovery rule is less commonly applied in these cases. Consulting with an attorney promptly after an injury is crucial to ensure you don’t miss your filing deadline.
FAQs
1. Why are instant soup cups particularly dangerous?
Instant soup cups are dangerous because of their design flaws, including narrow bases and top-heavy structures that can tip over at angles as low as 22 degrees. The containers hold extremely hot liquid (often 140+ degrees) that can cause third-degree burns within seconds of contact with skin, with children being particularly vulnerable due to their thinner skin.
2. How could manufacturers make instant soup cups safer?
According to Dr. David Greenhalgh, chief of burns at Shriners Hospital for Children, manufacturers could significantly reduce injuries by simply redesigning the cups with wider, more stable bases. His research shows that flipping the cup design could dramatically increase stability and prevent tipping at shallow angles, which would substantially reduce burn incidents.
3. Can I file a lawsuit if I was burned by hot soup at a restaurant?
Yes, if you were burned by hot soup at a restaurant due to negligence, such as being served soup at an excessively high temperature or an accidental spill caused by staff, you may be able to file a lawsuit against the restaurant. Compensation could cover medical expenses, lost wages, pain and suffering, and other related damages.
4. What evidence is needed to support a lawsuit involving a hot soup spill burn?
To support a lawsuit involving a hot soup spill burn, you will need evidence such as medical records documenting the injury, witness statements, photos of the burn, any video surveillance of the incident, and possibly expert testimony on appropriate food service practices. Any communication with the restaurant or food service provider regarding the incident will also be important.
5. Who can be held liable in a hot soup spill burn lawsuit?
Liability in a hot soup spill burn lawsuit can extend to the restaurant, food service provider, or manufacturer, depending on the circumstances. For instance, the restaurant may be liable if the soup was served at an excessively high temperature or if a server accidentally spilled it on the customer. The manufacturer might be liable if a defect in the packaging caused the spill.
6. How much compensation can I receive for a soup burn injury?
Compensation varies widely depending on burn severity, medical treatment required, permanent scarring, emotional trauma, and lost wages. Recent settlements and verdicts have ranged from tens of thousands to hundreds of thousands of dollars, with the $93,569 awarded in the Asiana Airlines case serving as one reference point for serious burns.
7. Are children’s burn injury cases handled differently?
Yes, children’s burn injury cases often receive special consideration in courts due to children’s increased vulnerability, thinner skin that burns more easily, and the potential for lifelong scarring and psychological trauma. Courts may award higher damages accounting for future medical needs and psychological impact over a child’s lifetime.
Related:
Nissin Noodles Soup Burn LitigationSee other product liability cases we’re currently taking.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for hot soup burn injuries. Most states only allow 1-3 years from the date of injury to file a claim, though special provisions may extend this timeline for children.
The severity of burn injuries and their long-term consequences make it essential to consult with experienced product liability attorneys as soon as possible after an incident.
Schmidt & Clark, LLP offers:
- Free, confidential consultations to evaluate your case
- No upfront costs or attorney fees
- Payment only if we win your case
- Nationwide representation with attorneys experienced in burn injury litigation
- Access to medical experts who understand the long-term implications of burn injuries
Free Confidential Case Evaluation: Again, if you’ve been severely burned by a cup of hot soup, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and we can help.
References
1. http://www.journalnow.com/news/local/forsyth-county-woman-s-lawsuit-over-spilled-soup-reported-settled/article_b89eb7ab-cc16-5ec3-aa72-76b6f7d3690f.html