Of course, cases like this tend to get media attention because they bring to mind the infamous “hot coffee” case of Liebeck v. McDonald’s, a 1992 injury lawsuit in which a 79-year-old woman was awarded nearly $3 million in punitive damages after suffering burns after coffee spilled on her. This was spun as an outrageous sum, but firstly, plaintiff only received a fraction of that award. Secondly, the restaurant served coffee at a scalding 190 degrees – despite the fact that industry standards held anymore than 140 degrees was dangerous. Plaintiff was horribly burned, and she wasn’t the first one either. Jurors carefully sifted through all the facts and carefully considered them before deciding on the award. Anyone who cites this as an example of a “frivolous claim” need only look at the horrific injuries Liebeck suffered.
The most recent coffee injury lawsuit relied on a theory of negligence known as premises liability. Specifically, the claim was the walking surface of the parking lot wasn’t safe for patrons because it contained an exposed spike from a dislodged curb stop. Plaintiff tripped on this spike and spilled the multiple cups of hot coffee she was carrying. In addition to the serious burns she suffered, she also had numerous cuts on her hands and knees. Her attorney also indicated she sustained a back and shoulder injury and had to undergo surgery. Continue reading