Coffee cups have tight lids for a reason. When a lid is not on properly, it can cause a serious risk of injury if that hot liquid spills. When this happens, the immediate circumstances of the accident ultimately determine who is responsible for the injuries you have. It is not always possible to sue for these losses, but if you can demonstrate negligence, then you may be able to seek legal action.
At Kwartler Manus, LLC, our experienced burn injury attorneys will help you understand what happened and your legal rights in the case.
Who Put the Lid On?
One of the first factors to consider is who caused your accident and injuries. Perhaps a worker at a coffee shop prepared your drink for you and fastened the lid into place. They handed it to you, and the lid was not on properly, causing the liquid to spill. In this situation, the barista may be held accountable because they failed to put the lid on properly, and you have the right to assume they did so when you took the coffee from them.
If you added to your drink, pulled the lid off yourself, or otherwise assembled your coffee, chances are good you cannot hold the barista or other server responsible for your losses. In those situations, they provided you with the tools (and likely a warning on the cup) that the substance was hot.
What to Do After the Accident
Assuming that the coffee seller prepared your drink and put the lid on for you, there are a few factors to consider that could also affect your ability to file a lawsuit against those who are at fault.
- Seek medical care. If you did not need medical care after the accident, then you may have a hard time proving you suffered financial and physical loss from the accident. In these situations, it becomes challenging for you to seek any compensation.
- Document the injuries and losses. If you miss time at work, have medical bills to pay, or have other losses, and you can show that stems from your burn, then that could prove you have a case. Be sure that you get documentation that indicates that the injuries you have are severe (often second or third-degree burns) and that they were due to the coffee spill.
- Show that the accident was not your fault. You will need to demonstrate that the accident was not something you caused. That means you did not take the lid off, and the burn was the direct result of the employee’s failure to do so.
If you believe these factors apply to your situation, seek out the help of an experienced burn injury attorney to discuss your case.
Protecting Your Right to File a Claim
If you have substantial injuries and losses, you can take a few key steps to minimize the risk of not receiving fair compensation for losses owed to you. First, start by speaking to your attorney about what happened. Avoid speaking to the insurance company for the at-fault party or others about your accident. Doing so will make a significant difference in protecting your rights.
Document your losses and the implications to your health and well-being. That includes missed time at work, medical bills, costs for reconstructive surgeries, and additional documented losses you have.
Avoid making statements about what happened or posting about the incident on social media. Anything that you saw in those posts can be later used against you. That can result in a serious risk to your case if used against you.
Hire an Attorney to Help You
A coffee burn can be a serious injury. Some reports indicate that about 1/3 of all people who are admitted to a burn center are due to scalding injuries. Hot beverages do burn people. However, proving you have serious injuries from such accidents takes legal insight and support. We strongly recommend that you contact a skilled lawyer to help you pursue legal action against those who put you in this situation.
At Kwartler Manus, LLC, we bring years of experience to your case. We serve the victim, providing legal options and resources to help you build a strong case. If you have burn injuries resulting from an accident due to a coffee burn, and you believe it was directly related to the negligence of another person who failed to put a lid on it, we want to hear from you.
Schedule a free consultation with our burn injury attorney to learn more about your rights. Do not underestimate the importance of acting quickly to protect yourself from these risks. Call our team now to seek out the guidance you need to help with your case.