A burn from a cup of coffee can cause serious injuries to victims. It may not seem like that is possible, since most people drink coffee when it is hot. Yet, there are situations where the coffee is too hot or a lack of steps are taken to protect drinkers from burns.
If you believe that you suffered an injury from hot coffee, such as a burn, due to the negligence of another person, seek out a burn injury attorney to help you. Our legal team at Kwartler Manus, LLC, brings the fight to your case. Let us examine the evidence to determine who is accountable.
Can You Sue for a Coffee Burn?
To take legal action against a party you believe is responsible for your injuries, you must be able to demonstrate that they were negligent. Negligence is a very specific legal concept that demonstrates four key elements:
1. A duty of care existed
The party that provided the coffee to you had a legal obligation to you to ensure you were safe. That means they should have taken steps to prevent you from suffering a burn. This applies even to those who are knowingly receiving a cup of hot coffee.
2. Breach of duty of care occurred
You must then demonstrate that the provider did something that breached that legal obligation. For example, they may have served coffee that was at a temperature far too hot to serve. You may be able to show that the lid or cup they used was inferior, and that caused the accident. You may also be able to demonstrate that, in some other way, the vendor put you at risk by their actions or inaction.
3. Causing your accident
You must then show that the reason for the breach of duty of care is what directly caused your accident. To demonstrate this, you must show that if they had not done what they did, you would not have injuries. Specifically, this means demonstrating there is a clear link between what the person did and the spill or injury you have now.
4. Demonstrate damages
To file a lawsuit, you must have actual damages. You cannot just file a lawsuit for a coffee burn if you cannot demonstrate the financial and physical losses you have. In most situations, that relates to factors such as demonstrating:
- Medical bills from the incident
- Lost wages from being unable to work
- Pain and suffering (with other losses)
- Disfigurement that is impactful
With the guidance of a burn injury attorney, it is possible to build a strong case to hold those who hurt you accountable. However, if you cannot prove any one of these areas with verifiably accurate evidence, it can be challenging to hold the other party accountable.
Determining Who May Be Responsible
The details of your accident will allow your burn injury lawyer to determine who may be held accountable. However, more than one person could be associated with fault. Here are a few examples.
- The company that is serving you. If their employee caused the injury to you, the employer serving you is likely responsible for your losses. For example, if a lid was not affixed to the cup and that caused the burn, the vendor could be held liable in this instance.
- The company that makes the cup. In some situations, you may be able to demonstrate that inferior manufacturing of the cup or lid, or even the corrugated outer layer, is what caused your injuries.
- Equipment manufacturer: if you brewed your own cup of coffee at a gas station brewing center, but the machine malfunctioned and caused you to be splattered with hot water, you may be able to seek compensation against the manufacturer.
Your burn injury attorney will examine all of the details in your case and seek fair compensation from any party that may be responsible. These are complicated cases that require a full investigation. Yet, if you have serious injuries and financial loss from a coffee burn, it is certainly worth taking legal steps to hold those who hurt you accountable. The research you complete may need to be extensive.
How Our Burn Injury Lawyer Can Help You
If you are hurting, suffering from medical bills, have scars, or other losses related to the negligence of another person or company, it is always advisable to seek out the help of a trusted and skilled personal injury lawyer. Your rights to fair compensation are dependent on your attorney’s ability to prove your case. We are here to help you with that process.
Contact Kwartler Manus, LLC now to learn more about the resources we can offer to help you. We can offer a free consultation to learn more about your rights after these incidents.