Suffering a burn from a cup of coffee can be more tragic than many people expect. There is pain, of course, but there is also a long road to recovery if you have substantial tissue and muscle damage. Scarring and loss of feeling are not uncommon. When an accident happens, then, and you have serious burns from a cup of coffee at McDonald’s, it makes sense that you want to seek fair compensation from the company. Can you?
If you can prove McDonald’s was negligent in the accident, you can then build a strong claim for your losses. The process is the same as you would follow any time any other company causes you injuries due to the negligence of their employees, practices, or associated providers.
At Kwartler Manus, LLC, we encourage you to reach out to our Philadelphia personal injury lawyer today to discuss what happened in your situation. There is no cost to doing so, but we can provide you with significant guidance in pursuing fair compensation.
Previous McDonald’s Coffee Burn Cases
There are various reports of others suing McDonald’s over spilled coffee and recovering millions. The initial cases, which took place well back in 1992, make it clear that the company was negligent, and the court upheld those beliefs. But why?
There are a few factors that might contribute to that case or your own. For example, back then, the operations manual for employees to follow required that franchisees hold the coffee at 180 to 190 degrees Fahrenheit. Significant burns can happen far sooner than that temperature.
The victim, in that case, suffered serious burns, including third-degree burns. Coffee held at the temperature listed here can cause a third-degree burn within just 3 seconds. Another factor was the testimony of burn experts who documented the expected risks of such high temperatures.
More so, McDonald’s was found to have known or should have known that the high temperature could cause serious injuries and as such they failed to ensure their customer was safe.
How This Can Help You Build Your Case
You knew ordering the coffee from McDonald’s would mean you were going to have a hot beverage that could cause a burn. How can you, then, hold McDonald’s responsible if you do, in fact, suffer burns? Consider the following potential options for pursuing legal action:
- Failed equipment: If the brewers spilled coffee or overheated it, that could be a reason to assume negligence in this accident.
- Lack of warning of risk: Did the company warn you that there was a risk associated with the hot beverage? Most McDonald’s hot beverage cups have a warning on the cup. However, if the worker puts the drink in the wrong cup, that could be a type of negligence.
- Poor lids: If an employee handed you a cup of coffee and the lid was not properly affixed, and that lid allowed for the injury and spill, that is an indication of a potential risk of negligence.
- Injuries: You must be able to prove you suffered substantial injuries from the accident. This could be in the form of medical bills or lost hours at work.
- Could it be anticipated: It is also important to remember that if another customer caused the accident, but the workers did not know of that risk, then it can be harder to prove fault.
In each situation, it is necessary for victims to prove that the company knew there was a risk, did not take measures to ensure you avoided that risk, and you suffered substantial injuries as a result. You can pursue a claim against McDonald’s in various instances.
What Makes These Cases Confusing and Challenging?
For a victim of a burn accident, proving that a company as large as McDonald’s is responsible is an uphill battle. People are often hurt at McDonald’s and other fast-food restaurants, but proving that the company is negligent is more complex.
These companies have highly aggressive insurance adjusters working for them with the sole goal of minimizing such claims. They also provide warnings on most products and take steps to prevent injuries from occurring to workers and customers.
To win this type of case, you must be able to demonstrate that the company failed its duty of care to keep you safe. With the help of an attorney, that may be possible to do.
Schedule a Free Consultation with Our Coffee Burn Accident Attorney Now
At Kwartler Manus, our burn injury attorney has helped many people hold big companies accountable for the losses they cause others. Do not be intimidated by the process. Instead, reach out to our burn injury attorney to schedule a free consultation to discuss your case and learn what we can do to hold them accountable to you.