Can you hold the company accountable for your losses if you suffered a burn from coffee? You may be able to do so if you can prove that the organization was negligent. Wawa is known for its hot coffee and ready-to-go coffee, so you can get through your day. However, if they do not provide you with the necessary and expected protection, that puts you at risk, and the retailer at fault.
The reality is, it is not simple to hold Wawa or any other location like it accountable for your coffee burn. If you believe they are negligent, then it is critical to seek out the help of an experienced burn injury attorney.
Is It Possible to Sue Wawa for Coffee Burns?
About 20 years ago, a person successfully sued a McDonald’s location because she suffered severe burns when a cup of coffee spilled on her while driving. The victim suffered significant disfigurement and complications from the incident.
In 2020, Wawa was required to pay a $3 million lawsuit after a court ruled that they were negligent in an instance in which a child was burned when an employee knocked over a cup of hot water, scalding the child.
The answer is yes, it is possible to sue Wawa for a spilled cup of coffee. However, achieving success in this effort requires more than you may expect. Having a legal team available to help you could prove to be vital.
Proving Negligence in a Hot Coffee Burn
To obtain compensation for any claim against a company, you must prove that they were negligent. There are four components to prove negligence:
- Duty of care: The person has the legal duty to provide you with safety or to abide by rules that keep you safe
- Breach of duty of care: In your case, the person or company violated the duty of care.
- Causation: The accident must have been the direct result of the breach of duty of care.
- Loss: You must have a substantial financial and physical loss. You cannot sue for embarrassment alone.
If your attorney can demonstrate this, you can sue Wawa or any other company for the losses you have as a result of their negligence.
Demonstrating negligence is not as simplistic as it may seem, though. You must gather evidence that shows that something was not as expected. In short, you expected to receive a hot cup of coffee, but something unexpected caused you to suffer a loss through injury. Here are some examples of when this may apply:
- The coffee was very hot: There are times when a coffee company may produce coffee at an extremely high temperature. If they do so, and that coffee is served at a temperature that can cause damage to skin, they could be held liable for those injuries.
- Lids and cup failures: Another common cause of hot coffee burns is an improperly fitting lid. If the coffee cup leaks, the lid does not fit, or the worker fails to secure it properly, a spill and burn can occur.
- Failure to warn: In situations where coffee is served very hot, the company should warn about this risk. A lack of warning about the risks can mean the party is responsible for your injuries.
If you believe that any of these factors contributed to your accident, or there are other reasons to believe Wawa was responsible for your losses, seek out the help of an experienced attorney from our firm. Let us go to work finding the evidence to document what took place and who owes you for your losses.
You Have Two Years to File a Claim
The statute of limitations in Pennsylvania for personal injury in cases like this is two years. That means you have two years to head to court to file a lawsuit against those whom you believe are responsible.
This is not the amount of time you have to contact the insurance company for a claim – that typically needs to be done weeks after the process. However, if you cannot get a fair agreement for compensation for your injuries, you have two years from the date of the accident to file a claim for your losses in a court of law.
Hiring a Skilled Burn Injury Attorney Is Essential
You can hold Wawa accountable for your injuries and losses if you can demonstrate how they caused your accident and resulting injuries. As a large company with robust insurance adjusters working for them, that process can be challenging. For that reason, you should arm yourself with a skilled burn injury attorney in Philadelphia to help you. At Kwartler Manus, we can provide the help you need. We will help you hold Wawa accountable for all of your losses when applicable.