The $2.8 Million BBQ Sauce Burn Case & Its Legal Impact
A Bexar County jury in Texas recently awarded $2.8 million to a young woman who suffered second-degree burns after spilling dangerously hot barbecue sauce from Bill Miller Bar-B-Q onto her lap. This case, similar to the infamous McDonald’s hot coffee lawsuit, highlights key legal questions about restaurant liability, food safety, and consumer protection—issues that are also critical in Florida personal injury law.
At The Datny Law Firm in Boca Raton, Wellington, and Winter Park – Orlando, Florida we help victims with food (or beverage) related burns hold restaurants and fast-food chains like Dunkin’, Starbucks, McDonald’s, and Panera Bread accountable for unsafe practices. Below, we break down the details of this Texas case, how Florida law applies to similar food burn injury claims, and what victims can do to seek compensation.
Case Overview: Scalding BBQ Sauce Causes Severe Burns
What Happened?
On May 19, 2023, Genesis Monita, a 19-year-old San Antonio resident, visited a Bill Miller Bar-B-Q drive-thru with her sister to pick up breakfast. The two parked in the lot to eat their meal inside the car.
Monita ordered potato and egg tacos, which came with a small container of barbecue sauce. As she went to open the sauce, she accidentally dropped it onto her lap, causing the piping hot contents to spill onto her upper right thigh.
Medical reports later showed that the sauce temperature was 189 degrees Fahrenheit—far above the 165-degree maximum safety temperature set by the restaurant’s own policy.
As a result, Monita suffered second-degree burns—also known as partial-thickness burns—affecting both the outer layer of the skin (epidermis) and the underlying layer (dermis). These burns typically cause redness, swelling, blistering, and significant pain.
- Immediate blistering
- Severe pain and redness
- Long-term scarring and discoloration
She later sought medical treatment, where doctors confirmed the severity of her burns.
The Lawsuit: What the Victim Alleged
Monita filed a personal injury lawsuit against Bill Miller Bar-B-Q, arguing that the company was negligent in the following ways:
✅ Serving barbecue sauce at an unsafe and dangerously high temperature
✅ Failing to provide warnings about the risk of burns
✅ Using defective or difficult-to-handle packaging, which led to the spill
✅ Causing physical pain, emotional distress, and permanent scarring
Jury Verdict & Compensation
The jury found Bill Miller Bar-B-Q liable for negligence and awarded Monita a $2.8 million verdict, which included:
- $900,000 for past and future pain and suffering
- $25,225 for medical expenses
- $700 for lost wages
- $1.9 million in punitive damages due to gross negligence
Restaurant’s Response
Following the lawsuit, Bill Miller Bar-B-Q implemented new safety measures, including
✔ Adding bright yellow “Caution: Hot” stickers on all sauce containers
✔ Updating drive-thru menus and takeout bags with warnings
✔ Reviewing internal safety policies to prevent future incidents
How Florida Law Handles Food Burn Injury Cases
Although this case happened in Texas, Florida law also provides strong protections for food and beverage burn injury victims. If you are injured due to scalding food or beverages, you may have a valid personal injury claim under Florida law.
1. Florida Premises Liability Law & Business Negligence
Florida businesses—including restaurants, coffee shops, and fast-food chains—have a legal duty to keep customers safe. Under Florida premises liability law, a restaurant may be held liable if it:
- Serves food at a dangerously high temperature
- Fails to provide clear warnings about potential burns
- Uses unsafe or defective food packaging
If a Florida restaurant fails to follow food safety standards and a customer is injured, the victim may be entitled to financial compensation.
2. Florida’s “Reasonable Consumer Expectation” Standard
Florida courts consider whether a reasonable customer would have expected the food or beverage to be dangerously hot.
✅ Would a reasonable person expect BBQ sauce to be so hot that it causes second-degree burns instantly?
✅ Would they assume that no warning means it is safe to handle?
If the answer is no, the restaurant may be held liable for negligence—just as Bill Miller Bar-B-Q was in Texas.
3. Florida’s Comparative Negligence Law (F.S. § 768.81)
Following Tort Reform, Florida now follows a modified comparative negligence rule, meaning a victim’s compensation may be reduced if they are found partially at fault.
- If the restaurant is 80% at fault, but the customer is 20% at fault, damages are reduced by 20%.
- If the victim is 50% or more responsible, they cannot recover damages.
Changes to Florida’s comparative negligence law has emboldened restaurants, defendants and insurance companies to fight legitimate claims in an attempt to mitigate their damages or eliminate them by blaming the customer by arguing that the spill was their own fault. Notwithstanding, at The Datny Law Firm, we fight back against these claims to protect our clients and get them the compensation they deserve.
4. Punitive Damages in Florida Burn Injury Cases (F.S. § 768.72)
Punitive damages punish businesses for reckless or grossly negligent actions.
In Florida, a restaurant could face punitive damages if they:
❌ Knowingly serve food at an unsafe temperature
❌ Fail to provide any warning labels
❌ Ignore internal safety rules, leading to customer injuries
Just as in Texas, Florida juries have the power to award significant punitive damages to hold businesses accountable.
How The Datny Law Firm Can Help
With offices in Boca Raton, Wellington, and Winter Park – Orlando, Florida, The Datny Law Firm has extensive experience in premises liability and food-related burn injury cases against Dunkin, McDonald’s as well as other fast food chains. Time is always of the essence after an accident with injury so do not wait to get the help you need to recover physically and financially.
📞 Call 561-221-7474 for a FREE consultation with an attorney!
📩 Submit a case evaluation form on our website!
Final Thoughts: A Wake-Up Call for Restaurants & Consumer Rights
The $2.8 million BBQ sauce burn verdict is a wake-up call to businesses nationwide—including those in Florida. Restaurants must serve food safely and provide clear warnings. If they don’t, injury victims have the right to seek justice.
If you suffered a burn injury due to unsafe food temperatures, contact The Datny Law Firm today for experienced legal guidance.
📞 Call 561-221-7474 now to speak with Florida Personal Injury Lawyer David B. Datny for a FREE case evaluation!
We proudly handle cases throughout the State of Florida from Key West to Miami to Fort Lauderdale to Naples to Boca Raton and West Palm Beach all the way to Winter Park and Orlando.