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Posted: Aug 27 2010 12:16 am

McDonald's sued over hot chocolate burn
By QMI Agency

A Chicago woman filed suit with McDonald's Restaurants on Wednesday after her daughter was burned by spilled hot chocolate more than a year ago.

The woman purchased a hot chocolate for her daughter in April 2009 at a McDonald's drive-thru window. She claims the lid was improperly secured on the beverage and it spilled on her daughter, causing "severe pain and scarring," the Chicago Tribune is reporting.

The suit alleges that the restaurant staff should have known that the beverage was too hot to drink.

Posted: Aug 27 2010 12:24 am

Posted: Aug 27 2010 12:39 am

its almost like weve heard about something like this before

Posted: Aug 27 2010 01:18 am

I'm guessing the reason it took a year for her to sue is that it took a year to find a lawyer who would take the case. The incident with the coffee, although never mentioned by the media, had a very valid case which is why they won. This woman just remembers that the woman who spilled coffee won millions of dollars and doesn't know why, so she's hoping for a repeat verdict. I'm guessing there's 0% chance that she will win, cause there's no way McDonalds would make that same mistake again (severely overheating beverages) after what it cost them before.

Joined: Dec 06 2007 Location: Connecticut Posts: 11244

In America, I could see this leading to a victory law suit for the woman.

If she can prove that the lid was not sealed, but appeared to be in place, then I think it will earn her a pay day.

If that is really what happened, it is a horrible situation. The common joke of unscrewing a sugar cap so that someone who pours it into their drink spills all the sugar comes to mind... only with hot coffee.

I could definitely see McDonald's changing their lids over this.

Posted: Aug 27 2010 09:11 am

OH NOOOO! Get ready for the $1 menu to become the $1.17 menu to pay for this nonsense.

UsaSatsui's Youtube Channel · Posted: Aug 27 2010 10:32 am

A loose lid is not a valid lawsuit.

A hot drink might be, but like Jeebus said, I'm pretty sure they fixed that last time.

Posted: Aug 27 2010 12:27 pm

Hah, Jesus Christ, America.

Sometimes this place is too fucking ridiculous.

Posted: Aug 27 2010 12:37 pm

UsaSatsui wrote:

A loose lid is not a valid lawsuit.

A hot drink might be, but like Jeebus said, I'm pretty sure they fixed that last time.

Agreed. A loose lid is human error, and not the company's fault. A company policy of overheating coffee to mask poor taste is the company's fault.

Posted: Aug 27 2010 04:12 pm

I can only wish that if she tries to sue and it's thrown out, that a McDonalds exec be allowed to throw a cup of hot cocoa into her face to add insult to (supposed) injury. The mother's, not the daughter's.

Joined: Dec 06 2007 Location: Connecticut Posts: 11244

Dr. Jeebus wrote:

UsaSatsui wrote:

A loose lid is not a valid lawsuit.

A hot drink might be, but like Jeebus said, I'm pretty sure they fixed that last time.

Agreed. A loose lid is human error, and not the company's fault. A company policy of overheating coffee to mask poor taste is the company's fault.

Companies are responsible for their employees actions while the action is related to the employment.

If an employee jumped over the counter and beat the crap out of a customer, that isn't on the company.

If the employee sells something that hurts someone, it is on the company unless the employee intentionally did it.

That is why insurance exists.

So, if the lid was faulty or improperly used (but not maliciously so), it is on the company.

Personally I think the woman is a liar and is trying to get money, but if her story were true, it would be covered by McDonald's insurance policy most likely.

Posted: Aug 27 2010 05:15 pm

I have no idea how anyone will be able to prove that the lid wasn't on properly without up-close security camera footage. The only way I can see this going to court is if the cameras recorded liquid being spilled as the employee was handing it to her. Once it's in the car, she could have done anything to the lid to make it look like someone other than her or her daughter is at fault.

Joined: Aug 27 2010 Posts: 2

This is why most fast food componys put a "coution, it's hot" label on thier cups.

UsaSatsui's Youtube Channel · Posted: Aug 27 2010 08:23 pm

GPFontaine wrote:

Dr. Jeebus wrote:

UsaSatsui wrote:

A loose lid is not a valid lawsuit.

A hot drink might be, but like Jeebus said, I'm pretty sure they fixed that last time.

Agreed. A loose lid is human error, and not the company's fault. A company policy of overheating coffee to mask poor taste is the company's fault.

Companies are responsible for their employees actions while the action is related to the employment.

If an employee jumped over the counter and beat the crap out of a customer, that isn't on the company.

If the employee sells something that hurts someone, it is on the company unless the employee intentionally did it.

That is why insurance exists.

So, if the lid was faulty or improperly used (but not maliciously so), it is on the company.

Personally I think the woman is a liar and is trying to get money, but if her story were true, it would be covered by McDonald's insurance policy most likely.

The-Excel stole my reply, pretty much. Yes, employees are responsible for the negligence of their employers for the most part. But once that cup gets in the car and out of their control, what can they do? You can't prove that lid was loose when it was handed to the parent, and even then, I'd wonder why the parent didn't check it before handing it across the car.

Posted: Aug 28 2010 01:42 am

pretty much, unless the hot chocolate was as hot as the coffee was when that suit happened, this case will go nowhere.

Admittedly though, the lids McDonalds use do suck royally though, if this does force them to change their lids at the very least I will be one happy camper

Posted: Aug 28 2010 01:48 am

Has anyone ever sued Baskin Robbins because the ice cream was too cold?

Posted: Aug 28 2010 02:38 am

Blackout wrote:

Has anyone ever sued Baskin Robbins because the ice cream was too cold?

No but thanks for the Idea. "Your Product gave me Brainfreeze! There wasn't a warning label on your Icecream! I'm suing for the past 37 seconds of pain and suffering!"

Title: Kenka Bancho Joined: May 05 2010 Posts: 227

This woman has to provide proof from a year ago that the cup's lid was faulty. Yikes, good luck with that one.

Posted: Aug 28 2010 11:56 am

Atma wrote:

Blackout wrote:

Has anyone ever sued Baskin Robbins because the ice cream was too cold?

No but thanks for the Idea. "Your Product gave me Brainfreeze! There wasn't a warning label on your Icecream! I'm suing for the past 37 seconds of pain and suffering!"

Not too mention the Post-Traumatic Stress one experiences for months after the brain freeze.

Posted: Aug 28 2010 12:59 pm

Andrew Man wrote:

Atma wrote:

Blackout wrote:

Has anyone ever sued Baskin Robbins because the ice cream was too cold?

No but thanks for the Idea. "Your Product gave me Brainfreeze! There wasn't a warning label on your Icecream! I'm suing for the past 37 seconds of pain and suffering!"

Not too mention the Post-Traumatic Stress one experiences for months after the brain freeze.

Don't forget sensitive teeth that get super painful from cold.

Posted: Aug 28 2010 01:09 pm

I heard that Harvey will take the case.

People should know that anything you buy from a fast food place is most likely subject to a decent probability of human error. Think about the people that generally work at those places... I don't want them using their ever-diminishing IQs and slack-jawed debonair to secure the only piece of the puzzle separating my family from hot, liquid demise.

Joined: Feb 16 2010 Location: Texas Posts: 329

kwickgamer wrote:

This is why most fast food componys put a "coution, it's hot" label on thier cups.

They do have the "Caution: This shit is hot" on their cups, ever since that last coffee incident.

I used to work at McDonalds. Never had anything spill on anybody, but those lids aren't the greatest. If you had a little bit of liquid on the top, the lid wouldn't clamp down like it's supposed to. I don't see her winning though.