Being burned by hot coffee is not uncommon. You may have done so at home to a minor degree. Yet, at-home brewing systems are not likely to cause serious injury or burns because they do not reach the level of heat that professional and commercial-grade systems do.
If you are hurt due to spilled coffee at a restaurant, drive-thru, or other location, you may be able to hold that location responsible if you can demonstrate they negligently provided a service to you and, as such, you suffered injuries related to both physical and financial loss.
At Kwartler Manus, LLC, our experienced burn injury attorney will provide you with a free consultation to discuss your accident rights and legal steps to hold those who hurt you accountable.
Factors That Build Negligence in a Hot Coffee Accident
Proving negligence is the cornerstone of recovering fair damages in a coffee spill matter. To do this, we need to examine all ways in which the restaurant or other location caused this to happen. Consider a few examples.
- The manufacturer of equipment failed to create a system that was safe, and that lack of safety caused an injury.
- The consumer used the products as expected and directed by the company, and suffered injuries even then.
- Mistakes made in the production and serving of the product caused the injuries to happen to the victim.
- You suffered serious injuries, including burns and financial loss, from the accident.
- The company failed to warn you of a risk, especially when a product is considered inherently dangerous.
This is nothing short of a difficult battle to prove that the company was negligent. Yet, with the experience of a personal injury attorney who has experience winning such cases, you may increase the likelihood that you will recover the damages owed to you as a result of the accident.
How an Attorney Will Help You Demonstrate Losses
By working with an experienced burn injury attorney, you gain the upper hand. You will know what your rights are and which legal strategies may work best in your case to pursue legal action and fair compensation. The following are several core ways in which your attorney from our firm will help you.
Gather Evidence to Investigate
Hiring an attorney means you gain access to critical evidence and information. Your attorney’s job is to find any evidence to substantiate your claim. This may include others who suffered similar injuries or documentation of the company’s maintenance and upkeep of equipment. Your attorney will assess your case to determine what type of information could be helpful.
Demonstrate Negligence
Your lawyer will demonstrate how the restaurant or other service provider was negligent. It could be related to a lack of maintenance, poor employee training, or a lack of warning when providing a product. Your attorney will show how the location knew of the risk or should have known of the risk and failed to take the necessary steps to overcome those challenges.
Calculate Losses
Once you show that the other party was negligent in your case, your attorney goes to work to build a claim. Your claim must be evidence-based. It also must be robust to include all potential losses you have. Some of the potential losses you may have include:
- Medical bills from the accident
- Future medical care needs from complications
- Financial losses attributed to missing work
- Loss of mobility or nerve damage
- Pain and suffering
- Disfigurement
- Emotional trauma
It is far more than the cost of a cup of coffee. In these situations, many victims have thousands of dollars in financial loss due to the mistakes another person made. Your attorney is tasked with ensuring you file a maximized claim.
Going to Court for You
Most of the time, the at-fault party and their insurance company will settle the case outside of court. That means they agree to a fair settlement, and you move on. Yet, that does not always happen, and when it is not possible to come to an agreement, you can expect your attorney to pursue legal action in a court of law.
The Commonwealth of Pennsylvania gives you two full years from the date of the accident to take legal action in a court of law. Your attorney will develop your case, pursue final negotiations, and then handle the legal process for you. Going to court is not common, but it may be necessary when the insurance company does not take your claim seriously.
Let Our Attorneys Fight for You
When you suffer injuries and losses due to mistakes made by a restaurant worker, a company itself, or others due to a spill of hot coffee, you need legal guidance. Set up a free consultation with Kwartler Manus now to learn more about the legal strategies we offer.