Dunkin’ Hot Chocolate Burn Lawsuit: Florida Child Alleges Burns at Davie Location

At a glance

Key Takeaways

• A lawsuit filed September 3, 2026, in Broward County alleges that a cracked or damaged cup and lid at a Davie Dunkin’ caused hot chocolate to spill on a young child.
• In Florida, liability for a hot coffee burn usually depends on why the drink spilled: a loose or defective lid, a damaged cup, overfilling, failing to perform a lid test to make sure the lid is secure, a careless handoff, or an unreasonably dangerous temperature.
• Most Florida negligence lawsuits must be filed within two years (§ 95.11(5)(a), Fla. Stat.). The most important evidence, such as the cup, lid, and store video, can disappear within days, so promptly hiring an experienced personal injury lawyer is crucial.
• Many Dunkin’ stores are owned by independent franchisees, each of which typically insures its business under its own policy rather than a single corporate policy covering all locations. Identifying the right defendant is an early, critical step in presenting your claim or filing suit.

Hot beverage burns are not new. More than 30 years ago, Liebeck v. McDonald’s became the most famous burn case in American history. A 79-year-old woman suffered third-degree burns requiring skin grafts after spilling coffee that McDonald’s served at 180 to 190 degrees, despite hundreds of prior burn complaints. The case is still widely misunderstood as frivolous. We explain what really happened in our post on Liebeck v. McDonald’s.

A newly filed Broward County lawsuit is a reminder that these injuries still happen, and that the cause is often not just the temperature but a cracked cup, a defective lid, or negligence in how the beverage was prepared and served, such as a lid that was never properly secured.

When can a coffee shop, restaurant, or drive-thru be held responsible for a hot coffee, tea, or hot chocolate burn in Florida? Below, we explain what the Davie Dunkin’ lawsuit alleges, how Florida law treats hot beverage burn claims, and what to do if you or your child is burned.

What Happened in the Davie Dunkin’ Hot Chocolate Lawsuit?

According to a September 6, 2026 Boca Post report, a father sued on behalf of his young daughter after she was allegedly burned by hot chocolate bought at the Dunkin’ at 2321 S. University Drive in Davie, Florida.

Case

Asgaralli v. Lord Sheba Investment Group, Inc.

Case No.

CACE-26-014399

Court

17th Judicial Circuit, Broward County

Incident

On or about Nov. 13, 2025

Filed

Sept. 3, 2026

Location

2321 S. University Dr., Davie

The case is Asgaralli v. Lord Sheba Investment Group, Inc., Case No. CACE-26-014399, filed in the Circuit Court of the 17th Judicial Circuit in Broward County. The complaint says the incident happened on or about November 13, 2025. It alleges that an employee handed over a cup and lid that were cracked, defective, or damaged, and that the hot chocolate spilled onto the child while she was in the family’s car.

The complaint brings a single count of negligence. It alleges the business failed to:

• provide a proper lid,
• inspect the cup and lid before handing them over,
• warn about their condition, and
• correct a hazard it knew or should have known about.

The lawsuit alleges permanent injuries, including disfigurement, significant scarring, pain and suffering, mental anguish, and medical expenses.

Can You Sue for a Hot Coffee or Hot Chocolate Burn in Florida?

Yes, in some cases. Hot drinks are expected to be hot, so a burn alone does not prove negligence. The key question is why the beverage spilled or caused the injury.

A Florida hot beverage burn claim may involve a business that:

• failed to secure the lid or perform a lid test,
• used a cracked, damaged, or defective cup or lid,
• failed to inspect the cup before handing it to the customer,
• overfilled the beverage,
• spilled the drink during a counter or drive-thru handoff,
• failed to seat drinks properly in a carrier,
• used packaging that could not safely hold hot liquid,
• served the beverage at an unreasonably dangerous temperature, or
• failed to train or supervise employees who handle hot drinks.

In some cases, temperature is the central issue. In others, it is secondary to a loose lid, a damaged container, or a careless handoff. These claims fall under Florida premises liability and negligence law, and the same principles apply to hot food and deli burns at supermarkets like Publix.

Why Loose and Defective Lids Cause Serious Burns

A disposable lid is part of the system meant to keep hot liquid contained while the drink is handed over and carried. If the lid is cracked, warped, the wrong size, or not fully attached, the drink can spill with no warning.

The danger is greatest when the customer is seated in a car and cannot move away quickly. Hot liquid can soak into clothing and stay against the skin of the lap, thighs, abdomen, or hands. Children are especially vulnerable because their skin burns more easily and they may not react fast enough to escape the heat.

A Broward County jury saw this firsthand. A 4-year-old girl suffered second-degree burns when a hot chicken nugget from a McDonald’s drive-thru fell onto her lap and became wedged between her leg and her car seat. In 2023, the jury awarded her $800,000, finding the franchise operator negligent. We cover that case in our post on the $800,000 chicken nugget burn verdict.

That is why the Davie complaint focuses on the alleged condition of the cup and lid, not simply on the fact that hot chocolate is hot.

Hot Food and Beverage Burn Verdicts in Florida and Nationwide

Hot beverage burn litigation is not new in Florida. In 2017, a Jacksonville jury awarded about $100,000 to a woman who suffered burns to her lap when the lid came off her coffee as a Starbucks employee handed it to her through the drive-thru window, according to Action News Jax.

Dunkin’ has faced hot coffee burn claims before. We previously covered a Dunkin’ hot coffee burn case that settled for $3 million. Outside Florida, a Los Angeles jury in 2025 awarded $50 million to a delivery driver burned when hot tea spilled into his lap at a drive-thru, a verdict we discuss in our post on the $50 million hot tea burn verdict.

These settlements and verdicts show that juries nationwide, including in Florida, are willing to hold businesses accountable for negligently serving hot beverages and to award significant compensation for the resulting burns, pain, and suffering, even when medical expenses are relatively modest. In the Jacksonville case, most of the award was for pain, suffering, and disfigurement rather than medical bills. In the Broward chicken nugget case, the jury awarded $400,000 for the child’s past damages and $400,000 for her future damages, even though a defense expert estimated her scar treatment would cost less than $5,000.

Every case is different, and prior verdicts do not predict the outcome of any other case. These cases show that liability often depends on how the beverage was handled and packaged, not just on whether coffee may be served hot.

How Serious Can a Hot Liquid Burn Be?

Scald injuries range from temporary pain to permanent scarring:

For children, permanent scarring can affect them long after the wound heals. Scar tissue does not stretch and grow the way healthy skin does. As a child grows, a burn scar can tighten and pull on the surrounding skin, a condition called a scar contracture, which can cause pain, itching, and limited movement, especially near joints. Many children need scar revision surgery, skin grafts, or other treatment over the years as their bodies grow, which is why future medical care is often a major part of a child’s burn injury claim.

What to Do After a Hot Beverage Burn in Florida

A hot coffee or beverage burn can happen in seconds, but the injuries can have lasting consequences. Whether you were burned at Dunkin’ or another coffee shop, restaurant, or drive-thru in Florida, taking the right steps can help protect your health and your legal rights.

1. 1

   Get medical care right away.

   Remove hot, wet clothing unless it is stuck to the skin, and cool the burn under cool running water for 20 minutes, but avoid ice. Seek medical attention promptly and follow up as needed, because burns can worsen over the following days and may cause blistering, infection, or permanent scarring.

2. 2

   Keep the cup, lid, sleeve, and carrier.

   These items may be critical evidence in determining how the spill occurred, including whether a defective cup, loose lid, or improper handling contributed to the injury. Do not discard or alter them.

3. 3

   Photograph the burn every day

   as it develops, including any blisters, peeling, discoloration, or scarring. Also photograph stained or damaged clothing, the spill location, and any other relevant evidence.

4. 4

   Report the incident to the store

   and ask for an incident report. Record the manager’s name, keep your receipt or app order record, and request a copy of the report if available.

5. 5

   Write down witness names

   and contact information, along with the date, time, and location of the incident. Make notes about how the spill occurred and any statements made by employees while the details are fresh.

6. 6

   Talk to a lawyer promptly.

   Store surveillance video may be overwritten within days or weeks. An attorney can demand preservation of video, incident reports, employee training materials, and cup and lid supply records before critical evidence is lost.

Who Is Responsible for a Dunkin’ Burn Injury: Corporate or the Franchise Owner?

The name on the sign is not always the right defendant. Many Dunkin’ locations are owned and operated by independent franchisees, each typically carrying its own insurance. The Davie lawsuit, for example, names the franchise operator, Lord Sheba Investment Group, Inc., not Dunkin’ corporate.

Depending on the facts, responsible parties may include the franchisee, the restaurant owner or operator, or a corporate entity. Most hot beverage burns come down to how employees prepared and served the drink. In some cases, though, a product liability claim against the manufacturer or distributor may also apply, such as when a cup or lid was defectively made or its design fails as a matter of routine. Pursuing the wrong company can cost valuable time, so investigating ownership and insurance early matters. Our Florida Dunkin’ accident lawyer page explains how we handle burns, slip and falls, and other injuries at Dunkin’ locations across the state.

Can Shared Fault Reduce a Burn Injury Claim in Florida?

Yes. Under Florida’s modified comparative negligence law (§ 768.81, Fla. Stat.), compensation is reduced by the injured person’s percentage of fault. A person found more than 50% at fault cannot recover anything.

Businesses and their insurers often argue that the customer mishandled the cup. Strong early evidence is the best answer to that defense.

What Compensation Is Available After a Serious Burn?

Depending on the injury, damages may include:

• Past and future medical expenses
• Lost income
• Pain and suffering
• Disability
• Disfigurement and scarring
• Loss of enjoyment of life

There is no formula for valuing a burn case. A minor, temporary burn is very different from a second- or third-degree burn that leaves permanent scarring. Value depends on the burn’s severity and location, the victim’s age, the treatment required, and the strength of the evidence. As the verdicts discussed above show, juries understand the pain and lasting scarring these burns cause and are willing to award substantial compensation when the evidence supports it.

How Long Do You Have to File a Burn Injury Lawsuit in Florida?

For most negligence claims arising after Florida’s March 2023 tort reform, the deadline is generally two years under § 95.11(5)(a), Florida Statutes. Exceptions can apply depending on the facts and the defendant.

Evidence usually disappears long before that deadline, so don’t wait to get your case reviewed.

Frequently Asked Questions

Can I sue Dunkin’ if hot coffee or hot chocolate burned me?

Yes. To recover, you must show that the business was negligent and/or that the cup or lid was defective in its design or manufacture. Examples of negligence include an unsecured lid, a cracked cup, overfilling, a careless handoff, or an unreasonably dangerous temperature. A burn alone is not enough.

Can a parent file a burn lawsuit for a child in Florida?

Yes. Minors cannot bring claims in their own name. Under Florida Rule of Civil Procedure 1.210(b), a parent, natural guardian, or legal guardian may bring the claim on the child’s behalf, as the father did in the Davie Dunkin’ case. Parents may also have their own claim for the child’s medical expenses.

Do I sue Dunkin’ corporate or the franchise owner?

It depends on who owned and operated the location. Many Dunkin’ stores are run by independent franchisees with their own insurance, like the operator named in the Davie lawsuit, so investigating ownership is an early step.

What if I threw away the cup and lid?

You may still have a claim. Receipts, photos, medical records, witnesses, and store video can help prove what happened. Contact a personal injury lawyer quickly so the video can be preserved before it is overwritten.

How much is a hot coffee burn case worth in Florida?

Every case is different, so a lawyer needs to review the facts of your case before evaluating its value. In the early stages, it is often impossible to discuss value until the facts from both sides have been investigated and the outcome of the injury is known, including whether the burn leaves permanent scarring or other lasting effects. Burn severity, scarring, treatment, the victim’s age, and shared fault all affect what a case may be worth.

How long do I have to file a hot beverage burn lawsuit in Florida?

Generally two years for most negligence claims under § 95.11(5)(a), Florida Statutes, though exceptions may apply. Acting early protects key evidence.

More Resources on Hot Food and Beverage Burn Injuries

• Florida Hot Coffee & Food Burn Injury Lawyer
• Liebeck v. McDonald’s: The Hot Coffee Burn Lawsuit
• Dunkin’ Donuts Settles Hot Coffee Burn Case for $3M
• Starbucks Hit With $50M Hot Tea Burn Verdict: Florida, Take Note
• McDonald’s Hit With $800K Verdict for Child Burned by Chicken Nugget
• $2.8M BBQ Sauce Burn Verdict: What It Means for Florida Personal Injury Claims

Talk to a Florida Burn Injury Lawyer Today

A cup of coffee or hot chocolate should not end in the emergency room or with permanent scars. When a burn happens because a business failed to secure a lid, handed over a damaged cup, or otherwise failed to use reasonable care, Florida law may allow you to seek compensation. If you were burned or otherwise hurt at a Dunkin’ in Florida, learn more about Dunkin’ injury claims.

Attorney David B. Datny has more than 18 years of experience. As a former litigation partner at a large national insurance defense firm, he knows how restaurants and their insurers defend burn claims. Today he dedicates his entire practice to helping injury victims pursue justice. David is admitted to practice in Florida and New York and is a member of the Florida Justice Association, which fights for the rights of injury victims in Florida. Every client has direct access to David by phone, email, and text message throughout the case, backed by a dedicated team of paralegals and staff.

The Datny Law Firm helps burn and premises injury victims throughout Florida, including Davie, Fort Lauderdale, Broward County, Boca Raton, Palm Beach County, Miami-Dade, and Orlando. Hablamos Español. Creole and Russian translators are also available.

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