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Renowned by Judges and Juries for his expertise, Howard Cannon wrote the book on OSHA regulations for restaurants. His books are fond in bookstores across America and in 76 countries around the world. Be on the lookout for his upcoming Coffee Burns in Drive Thrus book coming out Fall 2024.

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Coffee Burns In Drive-Thrus – Raising Awareness

It’s Not About the Heat!

When most people hear about hot coffee spills – and the accompanying lawsuits involved – the first thing they think of is the infamous fast-food lawsuit from the 90’s. Although that case brought awareness to the dangers of hot coffee, it also set a precedent for misunderstanding the most critical points that lawyers should stake their argument on in a lawsuit over a hot coffee drive-thru spill.

The Most Well-Known Hot Coffee Lawsuit

That case involved a 79-year-old woman in Albuquerque, New Mexico, whose grandson drove her to McDonald’s in 1992. I was not a part of this case, but my understanding is that she was in a parked car when the coffee spilled. She had the coffee between her legs and removed the lid to add creamer and sugar when the scalding liquid spilled in her lap, causing “third-degree burns on her legs and genitals, nearly killing her and requiring extensive surgery to treat.”

She acknowledged that the spill was her fault; the issue at hand was that everyone seemingly had the opinion that the coffee was dangerously hot – “at up to 190 degrees Fahrenheit, near boiling point.”

The fast-food chain knew – and sort of admitted – that the coffee was dangerous being served at that high of a temperature. (The over 700 reports they received in the ten years prior to this incident of people being burned by their coffee might have given them a little bit of a clue.)

But even though they acknowledged this hazard, they continued to do it. “(The victim) didn’t really want to go to court. She just wanted (the chain) to pay her medical expenses, estimated at roughly $20,000. (The fast-food company) supposedly only offered $800, leading her to file a lawsuit.”

“After hearing the evidence, the jury concluded that (the fast-food chain’s) handling of its coffee was so irresponsible that (she) should get much more than $20,000, suggesting she get nearly $2.9 million to send the company a message. (She) settled for less than $600,000.” After they were forced to pay the victim in this lawsuit, the chain and the industry had a problem of epic proportions.

I’m not able to speak with specificity regarding this matter or whether or not the account that I just gave you was completely accurate – I will leave that to you to research for yourself.

But I can tell you this: this case would have been significantly different today, as would have been the outcome.

Today, you could never win a lawsuit of this nature based on temperature alone.

The industry standard is clear, and the decisions handed down from courts across the land are clear – hot coffee must be served hot, and at the temperature it is served, it will scald you if it comes into contact with human skin.

If temperature is your only argument – you will likely lose the case. Period!

• An excerpt from Howard Cannon’s new book ‘Coffee Burns in Drive Thrus’ coming out fall of 2024

For more information, see our food safety blog: https://restaurantexpertwitness.com/blog/category/food-safety/