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Florida Hot Coffee & Food Burn Injury Lawyer
Burned by hot coffee, tea, soup or food at a Florida restaurant, coffee shop or store? Florida burn injury lawyer David B. Datny represents people scalded by hot drinks and food at drive-thrus, coffee shops, restaurants and grocery delis in Boca Raton, Wellington, Winter Park and throughout Florida. The consultation is FREE, you pay nothing unless we recover compensation, and you can reach David 24/7 at 561-221-7474 or chat with us now.
A cup of coffee or a container of soup seems harmless until the lid pops off or the cup gives way. Hot drinks and food are often served at temperatures that can cause deep, third-degree burns in seconds, usually to the lap, groin, thighs and hands. These injuries can mean skin grafts, time in a burn unit, months of recovery and permanent scarring.
Burn claims are different from an ordinary slip and fall. The key questions are how hot the item was served, whether the cup, lid or container was secure, how the employee handed it over, and whether the business already knew customers were getting burned. This guide from Florida burn injury lawyer David B. Datny explains your rights under Florida law and brings together our coverage of the most important hot beverage and food burn cases.
On this page
Florida Law on Hot Food and Beverage Burns
Short answer: Florida has no statute setting a maximum serving temperature for coffee or food. A burn claim is usually brought as a negligence claim against the business that served the item, and sometimes as a product liability claim against the maker of a defective cup, lid or container.
| Claim against the business | Claim over a defective cup or lid | |
|---|---|---|
| Who is responsible | The restaurant, coffee shop or store that served the item | The manufacturer or seller of the cup, lid or container |
| What you must show | The business failed to use reasonable care, such as serving the item dangerously hot, using an unsecured lid or handing it over carelessly | The product was defective and the defect caused the burn |
| Your share of fault | Your recovery is reduced by your percentage of fault, and barred if you are more than 50% at fault (§ 768.81(6)) | |
| Deadline | Most negligence claims must be filed within 2 years (§ 95.11(5)(a), Fla. Stat.). Different deadlines can apply to product claims, so talk to a lawyer early. | |
Punitive damages are possible but limited. Florida requires a reasonable evidentiary showing before punitive damages can be sought (§ 768.72). In most cases they are capped at the greater of three times compensatory damages or $500,000. The cap rises to the greater of four times compensatory damages or $2 million when the jury finds the conduct was motivated solely by unreasonable financial gain and the danger was actually known to the company’s decision-makers (§ 768.73). That is the kind of evidence that drove the punitive award in Liebeck v. McDonald’s.
Who Is Responsible for a Hot Coffee or Food Burn?
Short answer: Usually the business that served the item, but a franchise owner, the corporate brand or the maker of a defective cup or lid can also share responsibility.
- The restaurant, coffee shop or store can be responsible for serving items hotter than necessary, failing to secure lids, using flimsy cups or bags, or an employee spilling or handing items over carelessly. Our pages on Dunkin’ injury claims and Publix deli and hot food burns cover two common Florida examples. For slip and falls, falling merchandise and other injuries at Publix, see our Florida Publix accident lawyer guide.
- The franchise owner and the corporate brand can be responsible depending on who controlled the equipment, temperature settings, training and safety policies.
- The cup, lid or container manufacturer can be responsible when a lid is defective, a cup collapses or a container leaks.
What if I was partly at fault? Florida uses modified comparative negligence. If you were 50% or less at fault, you can recover damages reduced by your share of fault. If you were more than 50% at fault, you recover nothing (§ 768.81(6)).
Who Pays Your Medical Bills After a Burn Injury?
Short answer: If the business is responsible, its liability insurance pays, but that payment usually comes when the claim resolves. In the meantime, your own health coverage is usually the first source of payment.
- Your health insurance, Medicare or Medicaid. These usually pay for burn-unit and follow-up care as you receive it, and may seek repayment from any recovery.
- The business’s liability insurance. Restaurants, coffee chains and grocery stores typically carry general liability coverage, and large chains often handle claims through their own risk management departments.
- The manufacturer’s insurance. When a defective cup, lid or container contributed to the burn, the product maker’s coverage may be another source of recovery.
Burned by hot coffee or food? Talk to David today.
Free consultation. No fee and no costs unless we recover compensation for you.
What to Do After a Hot Coffee or Food Burn
- Cool the burn and get medical care. Run cool (not ice-cold) water over the burn and get to an urgent care, emergency room or burn center. Deep burns can look less serious at first.
- Report it before you leave. Tell the manager, ask for an incident report and get the names of the employees involved.
- Keep the cup, lid, receipt and packaging. These are often the most important evidence. Keep your stained clothing too.
- Photograph everything. Take photos of your burns as they heal, the cup and lid, and the counter or drive-thru window.
- Do not give a recorded statement. Talk to a lawyer before speaking with any insurance company.
Common Hot Food and Beverage Burns and Injuries
Most of these burns happen in a split second: a lid pops off at the drive-thru window, an overfilled cup tips on a tray, a soup container splits, or an employee spills while handing an order across the counter. The most common injuries we see include:
- Second-degree burns with blistering
- Third-degree (full-thickness) burns
- Burns requiring skin grafts
- Permanent scarring and disfigurement
- Burns to the lap, groin and thighs
- Burns to children
- Infection and other complications
- Wrongful death
If you lost a loved one, Florida’s wrongful death claim is brought by the personal representative of the estate and generally must be filed within 2 years.
Hot Coffee and Food Burn Cases
Verdicts and settlements in hot beverage and food cases show how seriously juries take these injuries. Every case is different, and past results do not guarantee a similar outcome. David has written about these cases:
Liebeck v. McDonald’s
The New Mexico hot coffee case that changed the industry, and why it is so often misunderstood. Read the full story
Starbucks $50M hot tea verdict
A Los Angeles jury awarded $50 million to a delivery driver burned by hot tea. What Florida can learn
Dunkin’ $3M coffee settlement
A 70-year-old Georgia woman was badly burned when a drive-thru lid came off. Read about the settlement
McDonald’s $800K nugget verdict
A Broward County jury awarded $800,000 to a young girl burned by a hot chicken nugget. Read about the verdict
$2.8M BBQ sauce burn verdict
A Texas jury awarded $2.8 million for burns from dangerously hot barbecue sauce. What it means in Florida
Dunkin’ hot chocolate lawsuit (Davie, 2026)
A Florida lawsuit alleges a cracked cup and lid led to a young girl being burned by hot chocolate. Read about the case
These substantial verdicts and settlements across multiple jurisdictions, including Florida, demonstrate that juries are willing to hold negligent businesses accountable and, where warranted, impose punitive damages for particularly egregious conduct. They also reflect an understanding of the sudden, traumatic nature of scalding injuries and the significant pain and suffering that can follow, including painful treatment, prolonged recovery, and permanent scarring, even when medical expenses are relatively modest.
How Fast Hot Liquids Cause Third-Degree Burns
The hotter the liquid, the faster it causes a full-thickness (third-degree) burn. Restaurant drinks are commonly served hotter than every temperature in this chart.
| Water temperature | Time to a third-degree burn |
|---|---|
| 155°F | 1 second |
| 148°F | 2 seconds |
| 140°F | 5 seconds |
| 133°F | 15 seconds |
| 127°F | 1 minute |
| 120°F | 5 minutes |
Source: Washington State Department of Labor & Industries, “Restaurant Scald Burns” (American Burn Association data). The same source reports that restaurant hot beverages are served between 160°F and 180°F.
What Is My Burn Injury Case Worth?
Short answer: At the preliminary stages of any personal injury claim, whether involving a burn or another injury, it is nearly impossible to accurately assess its value. Until the full extent of the injuries, medical treatment, recovery, and resulting damages are known, placing a dollar value on a claim is premature. The value ultimately depends on several factors, including the severity and location of the burns, medical expenses, future treatment needs, permanent scarring or disfigurement, lost income, physical pain and suffering, emotional trauma, the circumstances of the incident, and available insurance coverage. While some burn injury cases have resulted in substantial settlements and jury verdicts, every case is different and must be evaluated on its own facts and circumstances.
The main factors in a burn injury case are:
- How severe your burns are and whether scarring is permanent
- Past and future medical bills, including grafts and scar treatment
- Lost wages and lost earning ability
- Pain and suffering
- Whether the business knew of prior burns or ignored its own safety rules
- Any argument that you share part of the fault
How Long Do You Have to File a Claim?
Short answer: Most Florida negligence claims must be filed within 2 years of the injury (§ 95.11(5)(a), Fla. Stat.). Wrongful death claims also generally have a 2-year deadline (§ 95.11(5)(e)).
Why Choose The Datny Law Firm?
We look past the spill
We focus on the cup, the lid, the serving temperature and the company’s history of prior complaints, the same kind of evidence that made the difference in Liebeck.
We know how insurers defend burn claims
Before representing injured people, David was a litigation partner at a large national insurance defense firm. He knows the “you spilled it yourself” defense and how insurers use it.
Direct access to David
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.
Local and statewide
Our main office is in Boca Raton, with offices in Wellington and Winter Park by appointment. We represent burn victims across Palm Beach, Broward and Orange counties and throughout Florida.
Se Habla Español.
Hot Coffee and Food Burn FAQ
Can I sue a restaurant if hot coffee burned me?
Yes, if the business was careless and the burn caused a real injury. Examples include serving a drink hotter than necessary, using a loose or defective lid, or an employee handing it over carelessly. These claims follow Florida negligence law, including comparative fault (§ 768.81(6)).
What if I spilled the coffee myself?
You may still have a claim. In Liebeck v. McDonald’s, the jury found the customer 20% at fault and still awarded damages. In Florida, you can recover if you were 50% or less at fault, reduced by your share of fault.
Is a drive-thru burn handled differently?
The same negligence rules apply. Drive-thru burns often involve lids, cup carriers and hand-offs through the window, so ask the manager to document the incident and keep the cup, lid and receipt.
Can I bring a claim if my child was burned?
Yes. A parent can bring a claim for a child’s burn injuries and the medical bills the family paid. A Florida jury awarded $800,000 to a young girl burned by a McDonald’s chicken nugget. Settlements for minors may require court approval.
Can I get punitive damages for a hot coffee burn?
Only in limited cases. Florida requires a reasonable evidentiary showing before punitive damages can be sought (§ 768.72), and caps them in most cases (§ 768.73). Evidence that a company knew of prior burns and ignored them is the kind of proof that matters.
How long do I have to file a burn injury claim?
Most Florida negligence claims must be filed within 2 years of the injury (§ 95.11(5)(a), Fla. Stat.). Evidence such as the cup, lid and store video can disappear much sooner, so act quickly.
Related Resources
- Florida premises liability lawyer
- Boca Raton personal injury lawyer
- The real story of the McDonald’s hot coffee case
- Case results
Talk to a Florida Burn Injury Lawyer Today
Burn evidence disappears fast: cups and lids get thrown away, store video is recorded over and employees move on. Call 561-221-7474 24/7, chat with us now or send us your case details. Your consultation is free, and you pay nothing unless we recover compensation for you.