Hot Coffee Burn Injury Lawsuits - No Fee if No Recovery

Nadrich Accident Injury Lawyers represents those who are burned by hot coffee or hot tea served by businesses such as restaurants, gas stations, etc.

Call us today for a free consultation if you or a loved one has been burned by a dangerously hot beverage or a careless staff. We can help you recover compensation for medical bills, lost wages, pain, suffering, scarring, disfigurement and more.

We have been handling personal injury lawsuits like hot coffee lawsuits since 1990, having recovered over $750,000,000 for clients. Our vast experience in handling injury claims just like yours will allow us to recover the most money possible for you.

If you can’t afford to have your burn injuries treated, we can get you to doctors who will treat you without charging you until your case is over. Doctors do this for our burn injury clients as a sign of trust that we will get great results for our clients, since doctors know about our reputation for success.

We will not charge any fee to handle your burn injury case until and unless we recover compensation for you, as our only fee is a percentage of what we recover for you. This means we won’t charge an upfront or out-of-pocket fee to handle your burn injury claim.

Call us today for a free consultation, text us from this page or fill out this page’s free case evaluation form if you or a loved one was burned by hot coffee or hot tea because of negligence or a product defect.

Table of Contents:

Can You Sue for Hot Coffee Burns?
What Causes Coffee Burn Lawsuits?
Common Defendants in Hot Coffee Cases
What Makes a Strong Case?
Common Injuries Caused by Hot Coffee
What Is My Lawsuit Worth?
Examples of Coffee Burn Settlements
What to Do After a Coffee Burn Injury
FAQs
Contact Our Lawyers Today

Can You Sue for Hot Coffee Burns?

Yes. Under California negligence or product liability law, you may be eligible to file a lawsuit if you or a loved one was burned by hot coffee or hot tea.

People we can help include:

Situations where you may have a case include:

Coffee which is served too hot, meaning above the safe temperature of 130 Fahrenheit
Spills due to negligent staff actions
Faulty or poorly designed cups or lids
Failure to warn customers of burn risk

Businesses owe a duty of care to customers. This duty means they must act with reasonable care to prevent harm – failure to do so is negligence. So, if an employee carelessly spills hot coffee on you, that would be negligence and grounds for a lawsuit.

If you get burned by hot tea because of a poorly designed cup or lid, this would be an example of a design defect, meaning you would have a valid lawsuit under product liability law.

Call us today for a free consultation if you were burned by hot coffee or hot tea due to negligence or a product defect.

What Causes Coffee Burn Lawsuits?

Common causes of coffee burn lawsuits include:

Staff negligence (such as careless spills)
Beverages which are heated beyond standard safe temperatures (meaning over 130 Fahrenheit)
Defective lids or cups
Drive-through errors while passing drinks to customers
Lack of proper warning labels
Poor employee training

Common Defendants in Hot Coffee Cases

Common defendants in hot coffee cases include:

Restaurants and coffee chains such as Starbucks, McDonald’s or Dunkin’ Donuts
Cafes and drive-thru locations
Coffee cup and packaging manufacturers
Delivery drivers or services such as DoorDash or UberEats when they are responsible for spills

What Makes a Strong Coffee Burn Case?

Certain elements which can help increase your chance of success in a hot coffee or hot tea lawsuit include:

Proof the coffee was dangerously hot: Burns would essentially be sufficient proof here, as coffee which is not dangerously hot will not severely burn you.
Witness statements: If there were any witnesses to the accident, these statements could be crucial, especially if the injuries were caused by the negligence of an employee. For example, if an employee carelessly spilled coffee on you, having a witness who can testify about the employee’s carelessness could be key.
Documentation of the incident with management: It’s important to report the accident to management as soon as it occurs – documentation of this report could be vital in terms of proving your case.
Keeping the cup or lid as evidence: It’s vital to keep the cup and lid as evidence after a burn injury. These things can serve as evidence that you were burned by a defectively designed product.

Common Injuries Caused by Hot Coffee

First-Degree Burns

First-degree burns, also referred to as superficial burns, only affect the skin’s outer layer, known as the epidermis. They might cause redness or pain or other skin color changes.

Second-Degree Burns

Second-degree burns, also referred to as partial-thickness burns, affect the epidermis as well as the skin’s second layer, known as the dermis. They might cause swelling or white, splotchy or red skin. Blisters could develop. Pain may be awful. Scarring can result from deep second-degree burns.

Third-Degree Burns

Third-degree burns, also referred to as full-thickness burns, involve all of the skin’s layers as well as sometimes the muscle tissue and fat underneath the skin. The areas burned could be white, brown or black. The skin could look leathery. These burns can lead to destroyed nerves, so no or little pain may result.

Permanent Nerve Damage

Third-degree burns can cause permanent nerve damage. This can lead to total loss of feeling in the area affected. Nerves can sometimes regenerate after burn injuries, but this doesn’t always occur, and sometimes they only incompletely regenerate, possibly leading to permanent sensory deficits, chronic pain and abnormal sensations.

Psychological Trauma

Severe burns may significantly psychologically impact burn victims as well as their family, possibly leading to depression, emotional distress, and other mental health problems like post traumatic stress disorder.

Scarring and Disfigurement

Severe burns can lead to scarring and disfigurement, which can, in turn, lead to more psychological trauma.

What Is My Hot Coffee Burn Lawsuit Worth?

The value of your case will depend upon several factors, including your injury severity and the damages you suffered. Famously, a delivery driver injured by Starbucks’ hot tea was awarded $50 million in a trial, and a woman injured by McDonald’s coffee was awarded over $2 million in a trial.

The value of your case will mostly depend upon what damages you are eligible to recover compensation for. Damages which you could be awarded in a hot coffee burn lawsuit include:

Medical bills
Costs for skin grafts and surgeries
Lost wages
Loss of earning capacity
Pain and suffering
Emotional distress
Punitive damages

Examples of Coffee Burn Settlements

Starbucks Hot Coffee Lawsuit Settlement – $50 Million

Michael Garcia, a delivery driver, filed a lawsuit against Starbucks in 2020 in California Superior Court. Garcia was severely burned after a scalding hot beverage spilled all over his lap while at a Starbucks drive-through. The lawsuit alleges that an employee of Starbucks didn’t properly secure the drink’s lid, causing the spill and the injuries which resulted.

Garcia ended up suffering nerve damage and third-degree burns. His attorneys claimed he needed skin grafts which gave him permanent disfigurement as well as lost feeling.

Prior to the trial, Garcia was offered $3 million, then $30 million to settle. Garcia agreed, but only if Starbucks, apologized, changed their policies, and mandated that employees double-check any hot drinks prior to handing them to their customers. Starbucks refused.

The case then went to trial where a Los Angeles jury awarded Garcia $50 million worth of damages. Garcia’s attorneys had argued that the company ignored warnings regarding improperly secured drinks, and that they violated their policy that required that employees secure all drinks in trays.

This lawsuit highlighted worries about the company’s handling of hot beverages as well as if Starbucks secured drinks adequately before giving them to their customers.

McDonald’s Hot Coffee Case Settlement – $2.86 Million

Stella Liebeck, a 79-year-old woman, sued McDonald’s after McDonald’s coffee spilled in her lap in 1992. She was wearing cotton sweatpants which absorbed the hot beverage, holding it against her skin, leading to burns on her groin, buttocks and thighs. The woman suffered third-degree burns from the coffee bought from a McDonald’s restaurant.

The woman sued McDonald’s, alleging that the coffee caused severe burns because it was unreasonably hot. McDonald’s argued that they were not serving coffee which was unreasonably hot, and that it was the woman’s fault for spilling the cup of coffee.

While the coffee cup had a warning on it, the jury ended up deciding that this warning was insufficient and not big enough. They awarded her $2.7 million worth of punitive damages and a net of $160,000 worth of compensatory damages.

The punitive damages were reduced by the trial judge to $640,000, and then, prior to an appeal being decided, the parties came to a confidential settlement.

This case led to more awareness regarding risks associated with hot beverages. It prompted companies to implement strict food safety protocols to make sure that lid designs and serving temperatures were safe.

What to Do After a Coffee Burn Injury

Seek immediate medical attention
Take photos of burns and other injuries
Save receipts and document medical expenses
Report the incident to the business and request a copy of the report
Avoid speaking with company representatives – let a lawyer do that for you
Contact a coffee burn injury attorney as soon as possible

FAQs

How Hot Does Coffee Need to Be to Cause Burns?

Coffee that is 140 degrees Fahrenheit can seriously burn when the exposure is five seconds long. Coffee that is 155 degrees Fahrenheit can seriously burn when the exposure is one second long.

What Is the Average Settlement for a Burn Injury?

There is no average settlement – the value of your case will depend upon your case’s individual circumstances. However, burn injury settlements can range from under $10,000 for minor burns to millions of dollars for catastrophic burn injuries.

Can I Sue Starbucks for a Burn Injury?

Yes. You may be able to sue Starbucks over a burn injury if the injury was caused by the negligence of someone else, a dangerous condition on a property, or a defective product.

Negligence: If you got burned because of the failure to reasonably act or carelessness of a Starbucks employee, you may sue for damages such as pain and suffering, lost wages and medical bills.
Defective product: If a product such as Starbucks’ hot coffee burns you due to inadequate warning, design flaw or manufacturing defect, you may sue Starbucks.
Factors to consider: Temperature is a factor to consider, since restaurants commonly serve very hot coffee, which can lead to burns when the coffee is spilled. When restaurants fail to warn customers regarding high temperatures, this may be considered negligence. How the coffee is served can also be a factor. This can include the lid and cup. How the coffee is served can affect whether spills are likely to occur and cause injury.
Premises liability: If you got burned at a Starbucks because of a dangerous condition they didn’t address, you can sue Starbucks.
Workplace burns: If you work at Starbucks and got burned, Starbucks might be liable, particularly if they failed to provide a working environment which is safe.
Damages: You can recover damages such as past and future medical expenses, lost wages, loss of enjoyment of life, emotional distress, scarring, disfigurement, pain and suffering.
Legal advice: You should consult with a personal injury lawyer to talk about your legal options and specific situation.

How Do I Sue Starbucks?

To possibly sue Starbucks, McDonald’s or another restaurant that serves hot coffee, you will need to be able to prove negligence as well as damages which resulted from it, like from burn injuries or other accidents, and should have a consultation with a personal injury lawyer to assess your legal options and case. The steps include:

Determine if you have a case: A restaurant like Starbucks can get held liable if you were injured and your injury, such as a hot coffee burn, was caused by their negligence. You also have to have suffered damages like pain and suffering, lost wages or medical expenses.
Consult with a lawyer: You should find a qualified lawyer who handles personal injury cases. Discuss your case with them, explaining the incident details and what injuries you sustained. The lawyer can then assess your claim, evaluating your case’s strength and advising you regarding legal options.
Consider the statute of limitations: The time limit you have to file a lawsuit will vary from state to state. In California, it’s usually two years from the injury date. Certain exceptions can shorten or lengthen the time limit. For example, the time limit might start ticking down not on the injury date but rather on the date the injury is discovered. Do not wait too long in order to seek legal advice. Missing the deadline might bar you from recovering compensation for your injuries.
Collect evidence: Gather evidence related to your injuries, like videos, photos, medical records, incident reports and witness statements. Preserve evidence the best you can. Don’t destroy or discard any evidence which might relate to your legal case.
File a lawsuit: Should you decide to proceed, your lawyer will file your lawsuit for you, lining out your case details and what damages you’re seeking. The legal process will include negotiations, discovery and possibly trial.
Possible outcomes: A lot of cases are settled out of court – this would involve negotiations leading to Starbucks paying you for damages and injuries. When settlements can’t be reached, cases might proceed to trial. A jury or judge will decide the case’s outcome.

Contact Our Hot Coffee Burn Injury Lawyers

Call us today for a free consultation if you or a loved one was burned by hot coffee or hot tea due to someone else’s negligence or a product defect.

We’ve been handling personal injury cases for over 30 years and have recovered hundreds of millions of dollars for clients. We won’t charge you any fee until and unless we win your case.

Call us today.