Woman loses hot tea lawsuit against Starbucks

[Tennis]

A B.C. woman has lost her lawsuit against Starbucks after burning her legs with tea she said the beverage giant served too hot.

The judge ruled Starbucks was not liable for the burns. He ruled the woman failed to prove the cup was defective and the beverage too hot, as claimed.

According to court documents, Shayla Williams was in the passenger's seat of her mother's car when the two stopped at a Starbucks drive-through in Sechelt, B.C., Sept. 30, 2013, to order a tea, a hot water and a panini.

Her mother then drove a short distance — 100 to 130 metres, according to the lawsuit — but when the vehicle came to a stop, Williams testified that the lid "popped off," spilling the tea primarily on her left thigh.

She was promptly taken to the hospital, where she was treated for second and third-degree burns.

In her lawsuit, Williams claimed that the cup was defective, the lid was improperly placed, and the tea was served hotter than it should have been, its temperature distorting the cup and causing the lid to come off.
Defect claims unfounded

Starbucks testified that it does indeed serve tea hot enough to cause injury, but that its employees are instructed to always check lids before giving beverages to customers.

According to testimony from the manager, the store's water heating machine dispenses water at 86 C and automatically shuts off when the water reaches 93 C.

Though provincial court Judge Steven Merrick expressed sympathy for Williams' injuries, he found no basis for any of her allegations against Starbucks.

"The reality is that products may be inherently dangerous and capable of causing injury but that does not mean that they are defective nor does it automatically mean that ... the manufacturer or seller is liable [if injury results]," Merrick wrote in his judgment.

"Extremely hot beverages are served in these types of cups and lids on a daily basis without incident."

Williams' lawyer, James Mandick, said he and his client knew the case would be an uphill battle. In his research, he was not able to find a single case of Starbucks losing a lawsuit over injuries from a hot beverage.

"All over North America, they're very successful at defending these claims," Mandick said.
How hot is too hot?

In 2013, CBC News found that tea is often served above 80 degrees at drive-throughs throughout the Lower Mainland:

http://www.cbc.ca/news/canada/britis...-tea-1.3970429

Can you believe scammers these days? Blaming Starbucks for her mistake.

[Dug]

Trying to follow in the McDonalds hot coffee fiasco I see

[Kathandira]

The problem is, unless there is photo evidence of the cup being defective, you can't prove either sides story.

In the McDonalds case, it was proven that the coffee machine was in fact set way too high. In this one, they have automated machines which help them in such law suits. As for the cup, as I said above, it can't be proven unless you had it all on video, or in pictures.

[kail]

America, the country of lawsuits. Ultimately, the woman may be in the right but with only he-said-she-said the case is (and should) be dropped.

[Shadowferal]

Trying to follow in the McDonalds hot coffee fiasco I see

To be fair, the Mcdonalds thing wasn't a fiasco.

[unbound]

Trying to follow in the McDonalds hot coffee fiasco I see

Except this scammer didn't understand everything involved in the McDonalds hot coffee incident. The McDonalds coffee case wasn't a simple matter of hot coffee being spilled.

http://www.lectlaw.com/files/cur78.htm

[Tennis]

America, the country of lawsuits. Ultimately, the woman may be in the right but with only he-said-she-said the case is (and should) be dropped.

It wasn't even in America. Way to not read the thread. Wow!

[Independent voter]

The first lawsuit, the one against McDonalds? I keep hearing different stories about it, the last version was the woman was only paid for her medical bills, that was it.

I don't know what to believe.

[Bakis]

Very interesting thread.

[Shadowferal]

Except this scammer didn't understand everything involved in the McDonalds hot coffee incident. The McDonalds coffee case wasn't a simple matter of hot coffee being spilled.

http://www.lectlaw.com/files/cur78.htm

That was a nightmare...3rd degree burns..."there." *shudders*
And she only wanted help paying the medical bills too...McDs got all stupid about it..so Judge and Jury made them pay.

[Kathandira]

The first lawsuit, the one against McDonalds? I keep hearing different stories about it, the last version was the woman was only paid for her medical bills, that was it.

I don't know what to believe.

Watch the documentary. Quite informative.

[Tack980]

Trying to follow in the McDonalds hot coffee fiasco I see

Problem was that the McDonald thing was a real hazard, they served coffee at boiling temp (100 c). Federal raw retains that food can't be served above 40 c . Additionally, the spill caused 3rd and second degree burns to multiple areas in the lower body. The law suit was based on McDonalds breaking federal law, not "i was lazy".

Additionally, she didn't get additional money. She only asked for payment of medical bills.

[Kathandira]

Very interesting thread.

Honestly, ill take this over another fat shaming thread.

[Allenseiei]

Only in America do they think of making a lawsuit of this...

Similar to how a guy made a lawsuit on MCdonals because he got overweight from eating many burgers too often...

[Independent voter]

Problem was that the McDonald thing was a real hazard, they served coffee at boiling temp (100 c). Federal raw retains that food can't be served above 40 c . Additionally, the spill caused 3rd and second degree burns to multiple areas in the lower body. The law suit was based on McDonalds breaking federal law, not "i was lazy".

Additionally, she didn't get additional money. She only asked for payment of medical bills.

McDonalds has never lowered the temperature of their coffee, it's still as dangerous as it ever was. What they did was to put the words "dangerous hot!" on the Styrofoam cup.

[Dug]

Problem was that the McDonald thing was a real hazard, they served coffee at boiling temp (100 c). Federal raw retains that food can't be served above 40 c . Additionally, the spill caused 3rd and second degree burns to multiple areas in the lower body. The law suit was based on McDonalds breaking federal law, not "i was lazy".

Additionally, she didn't get additional money. She only asked for payment of medical bills.

Oh I know I'm just saying this seems like the same thing or rather the lady didn't actually understand the mcdonalds situation and thought she'd be able to make bank

[caervek]

Trying to follow in the McDonalds hot coffee fiasco I see

Indeed, scammers gonna scam. Good to see the US is starting to crack down on it.

[Bakis]

Honestly, ill take this over another fat shaming thread.

Yea his/her manufactured outrage is getting tiresome

[Serpha]

It wasn't even in America. Way to not read the thread. Wow!

It was in America...North America. Way to learn geography.

[Kathandira]

It was in America...North America. Way to learn geography.

Duh, everyone knows that the real America is the U. S.

Canada and anything south of the U. S. border are all just fake America. /sarcasm.