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Soup Burn Lawsuit Filed in North Carolina

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

An agreement has been achieved in the federal legal case initiated by a woman from North Carolina, who alleges that her daughter incurred second-degree burns due to the defective design of a Maruchan instant noodle soup cup.

Free Confidential Lawsuit Evaluation: If you or a loved one was severely burned by a cup of hot instant soup, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.

What’s the Problem?

April 28, 2016 – According to the lawsuit, Kimberly Buffkin purchased a Maruchan Instant Lunch on May 27, 2011. Jason A. Powell, the father of their 1-year-old daughter “OP,” prepared the noodles by boiling water and pouring it in the cup, according to the complaint.

However, Maruchan said in motion filed earlier this month that Powell actually placed the soup cup in the microwave. The company said instructions on the product’s labeling clearly indicated that the soup is not to be heated in the microwave.

Buffkin alleged that OP’s nephew tipped over the Instant Lunch, which had been cooling on the kitchen counter, resulting in 2nd degree burns to her groin, chest, shoulder and back. Now 6-years-old, OP has been forced to undergo numerous corrective procedures including reconstructive surgery, according to the lawsuit.

Plaintiff further claims that “numerous studies” have assessed the burn risks associated with instant soup products, citing one specific study [1] which found that the Maruchan Instant Lunch was among the most prone to tip.

The lawsuit was originally filed in Forsyth Superior Court against Maruchan Inc. and its parent company, Toyo Suisan Kaisha, in November 2013. The complaint was later transferred to U.S. District Court for the Middle District of North Carolina. Plaintiff sought at least $10,000 in damages.

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FAQs

What must be proven to win a soup burn lawsuit in North Carolina?

To win, plaintiffs must prove that the burn was caused by negligence or a defect, that the defendant had a duty to ensure the safety of the product, and that this duty was breached, leading to the injury.

What compensation might I receive from a soup burn lawsuit in North Carolina?

Compensation can include medical expenses, lost wages, pain and suffering, rehabilitation costs, and possibly punitive damages depending on the severity of the injury and the level of negligence.

Is there a deadline for filing a soup burn lawsuit in North Carolina?

Yes, there are statutes of limitations for filing a lawsuit, which vary by state. In North Carolina, personal injury claims generally must be filed within three years from the date of the injury. It is crucial to act promptly and consult with an attorney to ensure you file within the required timeframe.

What evidence is needed to support a soup burn lawsuit in North Carolina?

Evidence can include medical records showing the extent of burns, photographs of the injuries, witness statements, incident reports, and any communication with the food service provider or manufacturer regarding the incident.

Choose our lawyers

Have you or a loved one been unreasonably injured by a dangerous or defective consumer product?

Do I Have a Hot Soup Burn Lawsuit?

The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in instant soup burn lawsuits. We are handling individual litigation nationwide and currently accepting new injury cases in all 50 states.

Free Confidential Case Evaluation: Again, if you got a severe burn from an instant soup cup, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and we can help.

Free Confidential Case Evaluation

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