Coffee Burn Lawsuit: What Happens in Drive-Thru Coffee Burn Cases
A coffee burn lawsuit can begin with something as ordinary as a trip through a restaurant drive-thru.
An employee reaches through the window with a cup of hot coffee. The customer reaches for it. Then something goes wrong.
The lid comes loose. The cup tips. Hot coffee spills into the vehicle.
In seconds, an ordinary coffee order can become a serious burn injury.
What Can Cause a Coffee Burn Lawsuit?
Every coffee burn lawsuit has different facts.
However, hot coffee spills may involve much more than the temperature of the beverage.
The cup matters.
The lid matters.
The employee matters.
The handoff matters.
Restaurant procedures and employee training can matter, too.
Potential issues in a coffee burn case may include:
- Loose or unsecured lids
- Damaged cups or lids
- Improperly seated lids
- Cup and lid compatibility
- Overfilled beverages
- Employee handling
- Drive-thru handoff procedures
- Employee training
- Management practices
- Beverage preparation
- Beverage temperature
An expert should examine the evidence before reaching an opinion about what caused the spill.
Drive-Thru Coffee Burn Injuries
Drive-thru coffee spills present unique problems.
The customer is usually seated inside a vehicle. Movement is limited. The steering wheel, center console, seat belt, doors, and other parts of the vehicle may make it difficult to move away from spilled liquid.
Clothing can also hold hot liquid against the skin.
As a result, a drive-thru spill can expose the customer to hot liquid before he or she has an opportunity to react.
These circumstances may become important in a coffee burn lawsuit.
The Coffee Cup and Lid Matter
A lid can look closed without being secure.
That is why the cup and lid should be examined carefully after a hot beverage spill.
Questions may include:
Was the correct lid used?
Was the lid fully seated?
Was the cup damaged?
Was the lid damaged?
Were the cup and lid compatible?
Was the beverage filled properly?
How was the lid placed on the cup?
How was the cup handled before the spill?
These questions can help determine what happened.
The Drive-Thru Handoff Matters
The transfer of a hot beverage from an employee to a customer is another important part of a coffee burn lawsuit.
A drive-thru employee must prepare the beverage and move it from the restaurant to the customer.
During that process, the cup should remain controlled.
The customer also needs an opportunity to take control of the beverage.
Surveillance video can be particularly useful when evaluating this part of an incident.
Video may show how the employee held the cup, where the customer grabbed it, when the spill occurred, and what happened immediately afterward.
Employee Training Can Matter
Restaurant procedures accomplish little if employees are not properly trained.
In a coffee burn case, an expert may examine training related to:
- Preparing hot beverages
- Filling cups
- Selecting cups and lids
- Securing lids
- Inspecting beverages before service
- Carrying hot drinks
- Drive-thru handoffs
- Responding to spills or injuries
Written procedures may also be compared with what employees were actually trained to do.
Management Practices Can Matter
Training is only part of the equation.
Management practices may also be relevant.
Managers establish procedures. They train employees. They monitor operations. They address problems when they occur.
Therefore, a coffee burn lawsuit may involve questions about both employee actions and restaurant management practices.
A Coffee Burn Lawsuit Is Not Just About Temperature
Hot coffee is hot.
That fact alone does not explain why a particular spill occurred.
Beverage temperature may be relevant, especially when evaluating the severity of a burn. However, temperature does not answer every question about the incident.
The better analysis looks at the entire event.
Look at the cup.
Look at the lid.
Look at the fill.
Look at the employee.
Look at the handoff.
Look at the training.
Then look at what the evidence actually shows.
Restaurant Expert Witness for a Coffee Burn Lawsuit
A restaurant expert witness can analyze the restaurant operations surrounding a hot coffee or tea spill.
Depending on the case, that analysis may include:
- Cup and lid systems
- Hot beverage procedures
- Employee training
- Drive-thru procedures
- Beverage handoffs
- Restaurant policies
- Management practices
- Equipment
- Photographs and video
- Incident documentation
- Applicable restaurant industry standards
The purpose is to examine what happened and compare the restaurant’s operations with the procedures, practices, and standards relevant to the incident.
Got a Coffee Burn Lawsuit?
If you are an attorney handling a coffee burn lawsuit, don’t look only at the temperature of the coffee.
Look at the entire restaurant operation surrounding the spill.
The cup. The lid. The training. The handoff. The evidence.
Restaurant Expert Witness – Howard Cannon provides restaurant industry analysis, expert opinions, reports, testimony, and litigation support involving hot coffee and tea burn cases.
Call 800.300.5764 to discuss your coffee burn lawsuit.