Suing a Restaurant for Burns from Hot Coffee or Food
Burn Injury Lawsuits from Customers Against Restaurants
Customers who frequent businesses and help them make money expect to be safe when they enter those establishments and buy those products. However, when that doesn’t happen, the business should pay for the customer’s injuries.
These cases are typically slip and falls, but they can also take the form of product liability and burn injuries.
One famous situation of a customer suing a business involves a burn injury lawsuit that was filed against McDonald’s, but there have actually been multiple lawsuits filed and won against businesses that do not properly protect their customers from harm.
If you find yourself in this situation, we encourage you to reach out to one of our burn injury attorneys and tell them what happened. We offer free case evaluations to keep our legal advice open to all.
When you meet with our personal injury lawyers to file your burn lawsuit, they will tell you personal injury suits rely on negligence and duty of care. Personal injury lawsuits result in compensation that is paid out to the plaintiff, which is you in this situation.
Your lawsuit will rely on proving three basic facts, which are:
- That you were owed a duty of care by the business
- The business breached that duty of care
- You suffered harm caused by this breach, which take the form of damages
Duty of Care in a Burn Injury Lawsuit
Under premises liability regulations, customers are deserving of the highest level of care, meaning they are classified as invitees. Invitees are someone who is invited to the property by the owner, and this invitation can be implied, like an open restaurant or shop.
Invitees should be protected, and the owner of the premises is expected to maintain the space so that their invitees are not at risk. This means that they are supposed to conduct regular checks on their property and their products so that they can identify, label, and fix any hazards.
In terms of a restaurant’s products, they are supposed to take a similar duty of care to protect the customers who buy and use their products. In addition to the product itself, any packaging it comes in must be adequate to protect the consumer and must come with a warning.
Places that serve coffee should have a warning on the outside of the cup if customers run the risk of burning themselves. It may surprise you that some restaurants serve their coffee at temperatures of 150 degrees or higher. This is so that the coffee stays warm for longer, but the high temperature can cause second and third degree burns when spilled on the body. This is why drive-thrus that serve coffee are supposed to serve it with a lid and most serve it with a stopper that is inserted into the opening at the top.
California’s Shared Fault Laws
If you burned yourself on a drink or meal that was too hot, you might want to read up on California’s shared fault laws before you start adding up how much money you might win in your injury claim.
California follows the doctrine of pure comparative negligence, meaning that the negligence of both parties is put into account. Each party is given a percentage of fault for the accident, and the settlement reflects this. In the event you are found to be 20% at fault for the accident, then the amount of money you receive will be reduced by 20%.
If you took the lid off your coffee and then spilled it on yourself and burned yourself, then you will be found partially at fault. Another situation that might occur is where a customer burns their hand on the fajitas they are served at a Mexican restaurant. This was an attempted lawsuit in New Jersey, but the courts decided that being served a sizzling hot skillet of fajitas by an employee wearing an oven mitt should be enough indication that you are in danger of burning your hand.
Filing Your Lawsuit
If you sustained serious burns after ordering from a restaurant, then you might have a case for financial compensation. If you want a hardworking personal injury attorney, look no further than Accident Lawyers Firm. Our attorneys will work tirelessly to gather evidence of the restaurant’s negligence and your damages so that you get the highest settlement possible.