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Hot beverages again focus of lawsuits
July 30, 2009
Yet another quick-service brand is being sued by a consumer over burns from hot drinks. The latest lawsuit comes from a woman in Bronx, N.Y., who claims she was burned by McDonald's hot tea when the lids weren't secured properly, according to a story in the New York Daily News.
Her attorney, who has filed suit against the Mount Vernon, N.Y., McDonald's franchise, says this case is different from the infamous hot coffee lawsuit that prompted warnings about the temperature on coffee cups. In this case, he said, failure to properly seal the cups resulted in the woman's thighs being scarred when the scalding liquid spilled in her lap in the drive-thru.
Last month, a Florida woman filed suit against Burger King after she was severely burned by hot coffee when handed five cups balanced on a four-cup carrier through the drive-thru window.
While these plaintiffs' pain and suffering was no doubt intense, are these suits necessary? After all, businesses carry insurance to cover the cost of damages to customers injured on their premises. Did the high-profile McDonald's hot coffee suit set a precedent that has consumers looking for large payouts from personal injury at QSRs? If so, where will it stop? And for operators, should they be considering additional training for employees who work the drive-thru?
Do you have an opinion on consumers seeking lawsuits rather than settling claims with the store's insurance or on the need for employees' training of handling of liquids — hot or cold — in the drive-thru? If so, please e-mail me at christah@networldalliance.com?subject=hot beverages suit.
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