Coffee has become a staple in the morning routine for many people. With limited time, you may rush through a drive-thru to get your favorite pick-me-up to start your day. Yet, this is a hot beverage, and it can cause serious injury to you. You trust that the coffee shop will do its part to keep you safe. What happens if that does not happen?
If you are the victim of a coffee burn due to the negligence of another person or business, you have the right to pursue legal action against them. That means you have the right to seek compensation from that party for a product liability matter. At Kwartler Manus, LLC, our experienced legal team is ready to help you prove your case.
What Does a Coffee Shop Owe You in Promising Safety
One of the most important steps in building a case against a coffee shop or other provider due to a burn is to show that they did not meet their legal obligation to keep you safe while using their product. The details of your case play a role in how this applies, but there are several expected rights you have in most of these situations. Consider these examples:
- The lid is on. You can expect that the person handing you the drink applied the lid tightly and properly to the cup. If they did not do that, and it caused a burn, you may be able to hold them accountable.
- Cup sleeves in place. It is also beneficial to have a cup sleeve on the exterior of the cup to protect you from burns if you drop a cup that is too hot. This sleeve is necessary in situations where you have a paper cup that transfers heat quickly.
- Secure the cup when handing it to you. If you are picking up coffee for multiple people and using a coffee carrier to do so, you have the right to expect that the person handling it for you has properly secured the cups in place. If one topples over because they failed to do so, and that burns you, they could be held liable.
- They should warn you. Coffee cups need to be warned that their contents are hot. That may seem logical, but if a worker puts a hot coffee drink into a plastic cup, you may believe it to be soda and grab it, leading to a significant burn. That warning is critical.
- They should not give hot beverages to a child. You can also expect that the coffee shop will not hand a small child a hot drink and assume the child will be safe. If they put a drink down near the edge of the counter, it should not be within the reach of a small child who may not know better than to touch it.
- You are holding it before they step away. Another potential risk occurs when an employee hands over a cup of coffee, but it is so rushed that you fail to secure the drink in your hand before they let go. The beverage tumbles to the ground, and you suffer burns.
In each of these cases, you may be able to hold the other party accountable for your injuries and losses. However, in each situation, it is up to you, the victim, to demonstrate what happened, that the other party violated their duty of care to you, and that you suffered losses from their actions.
Building a Case for Compensation
With the guidance of your burn injury lawyer, you will also be able to document all of the losses you have. If you have injuries, you must be able to document what they are fully under the law. Some examples that may apply in your case include:
- Medical bills from an emergency room visit.
- Medical expenses related to surgery or other treatments you need due to the burn.
- Time missed at work due to the incident and injury.
- Pain and suffering losses.
- Losses related to emotional trauma.
More so, you must file a claim against the at-fault party within two years of the incident occurring. That means you have two years under Pennsylvania’s statute of limitations to file a lawsuit in a courtroom against the at-fault party. If you do not do so within that time frame, you may miss your opportunity to hold them accountable.
Schedule a Free Consultation with our Burn Injury Attorneys
If you have a coffee burn and losses, let Kwartler Manus, LLC, work with you to recover fair damages. Our experience and compassion for victims are available to help you navigate what your rights are. Set up a free consultation with a burn injury attorney now to learn more about your right to seek compensation for your losses.