A 70-year-old Georgia woman received a $3 million personal injury settlement from Dunkin’ Donuts after a piping-hot cup of coffee spilled on her resulting in severe burns per recent reporting. The incident took place in 2021 when an employee handed her a cup of coffee through the drive-thru window with an unsecure lid that came off. This resulted in the scalding contents spilling on her, causing second- and third-degree burns to her abdomen, groin, and thighs. As a result of her injuries, the 70-year-old received extensive skin grafts, had to spend months in the burn unit at Grady Health, and relearn how to walk. She is still suffering from the burns and struggles with activities of daily living. Her medical expenses exceeded $200,000 emphasizing the seriousness of her burn condition. The woman sued Golden Donuts, LLC, the franchisee that operates the Dunkin’ location where she was hurt.
The settlement focused on the improper placement of the lid by the employee rather than on the temperature of the coffee that was served. Notwithstanding, there have been many coffee related cases involving the temperature the beverage was served. While Georgia does not regulate minimum or maxim temperatures for serving coffee or other hot beverages, the National Institutes of Health indicates the optimal drinking temperature for hot beverages is approximately 136 degrees Fahrenheit. This recommended temperature appears to be inline with Florida’s guidelines for allowable temperature for household use and may be considered as a benchmark for reasonableness for businesses balancing the risk of scald hazard and customer satisfaction. Regardless, it is important to know both the temperature of the beverage and the restaurant’s handling of the service can impact the seller’s liability.
The above Dunkin’ case in Georgia is reminiscent of the notorious case of Stella Liebeck. As you will recall, Stella Liebeck was similarly injured after spilling a cup of scalding hot coffee from McDonald’s on herself that was 30 to 40 degrees hotter than served by other restaurants. The Liebeck case, which resulted in a verdict in excess of $2M against McDonald’s, made quite a stir across the country in 1994. It was hoped the seven figures plus verdict, enormous for its time, would serve as a warning to other restaurants and coffee houses to make customer safety a priority. However, now almost 30 years after Liebeck, we are still encountering burn cases caused by fast food establishments.
In January of 2021, Joseph Panarello alleged his groin and thighs were burned when a Dunkin’ employee in Clementon, New Jersey carelessly spilled coffee into his lap when passing the tray through the drive through window. Another incident occurred in May of 2021 in Tampa, Florida when Kim Simon was allegedly burned on her wrist and thigh at the drive through window at Dunkin’ when the employee negligently handed her the coffee holding the lid causing the cup to detach. Similarly, in August of 2021, Samantha Picklo claims a Dunkin’ employee in Delran, New Jersey dropped several hot coffees into her lap resulting in significant burn injuries. Also in August of 2021, Evan Arlington alleged he suffered second and third-degree burns when Dunkin’ coffee that was “too hot” fell in his lap in Totowa, New Jersey. More recently, in September of 2023, Mable Childress alleged she was burned from a “scalding” cup of coffee with an unsecure lid by a San Francisco, California McDonald’s restaurant.
As you can see, burn injuries caused by dangerously hot coffee and/or employees who negligently secure the lid to the cup are not uncommon and continue to happen more than they should after the Stella Liebeck case. When burn injuries occur, whether from coffee or other fast food, it is important to know what to do. According to the Mayo Clinic, for major burns, which are deep, cause the skin to be dry and leathery, appear charred, are larger than 3 inches, cover the hands, feet, face, groin, buttocks or a major joint and/or begin swelling very quickly, you should call 911 and seek immediate medical care. While you wait for emergency medical care, make sure the person is breathing and watch them for signs of shock. It is important to protect the burn area from further harm and cover it with clean gauze. Raise the burned area above heart level if possible. For minor burns, that may not require urgent care, the Mayo Clinic suggests cooling the burn with wet cloth, applying lotion and bandaging. If you are not sure of the severity of your burn, it is always best to air on the side of caution and go straight to the Emergency Room for medical attention. For ease of reference, we have listed below several burn centers throughout Florida accredited by the American Burn Association (ABA):
Warden Burn Center
Orlando Regional Medical Center
52 W Underwood St
Orlando, FL 32806
Tampa General Hospital
2 Columbia Dr
Tampa, FL 33601
(813) 844.7000
University of Miami/Jackson Memorial Burn Center
1800 N.W. 10th Avenue Jackson
Miami, FL 33136
305-585-2876
Kendall Regional Medical Center
11750 Bird Road
Miami, Florida 33175
855-863-9595
In addition to immediately obtaining urgent medical care after a burn injury, it is also important to seek skilled legal representation like David B. Datny, Esq. to fight Dunkin’ Donuts, McDonald’s or other business on your behalf. Time is of the essence after a burn injury case. If you wait too long to obtain an attorney, important evidence may be lost forever including surveillance footage, scene photographs, witness statements, incident reports, the subject cup/lid. Without the aforementioned evidence, it may be impossible to prosecute your case and get you the proper financial recovery for your injuries. If you or a loved one have been burned or injured by food or beverage in Florida, please do not hesitate to call The Datny Law Firm and our Dunkin’ Injury Lawyer at 561-221-7474 to discuss how we can help. All consultations are FREE and there is no fee unless we get you a recovery.