Burns from hot liquids like boiling water or steaming hot coffee are called scalds. Victims may need hospitalized care, especially when the scald results in third-degree burns where all three layers of the skin (epidermis, dermis, and subcutis) are harmed. Burns from things like hot coffee spills should never be disrespected or minimized.
Why? Scalding burn injuries may require multiple surgeries to deal with both (1) the immediate need for treatment and care as well as (2) subsequent restoration of skin and tissue caused by burn scars. Additionally, there will be an incomprehensible amount of pain and suffering for the scalding burn victim, from the time of injury through the following weeks, months, or even years thereafter. See, Elmasry M, Steinvall I, Thorfinn J, Abbas AH, Adly OA, Abdelrahman I, Nagi MA, Sjoberg F. Scald management protocols – outcome differences in two different time periods using different treatment strategies. Ann Burns Fire Disasters. National Library of Medicine 2016 Jun 30;29(2):139-143.
- For more, read: Burn Injuries from Accidents: Permanent Harm, Disability, or Death.
The Famous McDonalds’ Hot Coffee Burn Lawsuit: No Warning Label
For those representing accident victims and their loved ones, consideration of any hot liquid injury must include recognition of the continued impact of the 1992 accident involving 79-year-old Stella Liebeck who was seriously injured when her McDonald’s cup of hot coffee spilled into her lap.
The hot liquid was so intense she suffered third-degree burns over 16% of her body. The elderly grandmother had to endure horrifically painful burn surgeries, debridement, grafting, and more for over the next two years. There was no warning to Mrs. Liebeck that the hot coffee was dangerous, especially so since the seller chose to heat and serve their coffee at a much higher temperature than its competitors.
A succinct description of the Liebeck matter was provided by a federal district court as follows (emphasis added):
In August 17, 1994, a state court jury in Albuquerque, New Mexico, awarded 81-year-old Stella Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages, after she was burned by coffee purchased from a drive-through window at a McDonalds restaurant. The trial judge later reduced the punitive damages to $480,000, and the parties settled the case before an appeal. According to news reports, Mrs. Liebeck contended that for taste reasons McDonalds served coffee about 20 degrees hotter than other fast-food restaurants, and in spite of numerous complaints, had made a conscious decision not to warn customers of the possibility of serious burns. The jury’s verdict received worldwide attention.
Greene v. Boddie-Noell Enterprises, Inc., 966 F. Supp. 416, 419 (W.D. Va. 1997).
Hot Coffee and Hot Liquid Burn Injuries: Lesson in the Need for Adequate Warning Labels
Both before and after the 1994 McDonald’s Hot Coffee Case, victims of hot liquid scald injuries like hot coffee spills from places like Starbuck’s, McDonald’s, Dunkin Donuts, or other food establishments, have had to face skepticism about the severity of their injuries and their right to pursue justice.
The hot coffee scald accident is not a frivolous matter. Severe burns from hot coffee or other hot liquids (like hot tea, hot soup, hot sauces, etc.) are very real bodily injuries with severe consequences.
All too often, these burn victims might have avoided these life-altering accidents if they had received adequate warnings about the risks of burns.
140 Degrees for Five Seconds to Scald While Coffee Is Sold at 150 – 200 Degrees
Today, coffee is sold and served at temperatures known to cause scalding burns if there is an accident. There are reports, for example, that Dunkin Donuts uses a certain type of coffeemaker that allows it to serve its brew at a shockingly hot 200 degrees. Starbucks reportedly sells its various coffee products at a range of 150 -170 degrees, with its espresso steaming milk at 160 degrees, and will heat lattes up to 180 degrees upon request (ask for “extra hot”). Read, “Why You Should Order Starbucks Coffee At Kids’ Temperature,” written by Louise Rhind-Tutt and published by Food Republic on November 12, 2023.
Meanwhile, someone whose skin is exposed to a hot liquid at 140 degrees or higher will suffer third degree (“full thickness injury”) burns after a mere five (5) seconds of exposure.
This means that hot coffee, when offered to the customer, is too hot to drink. Many people do not realize the danger of a scald if they fail to wait before drinking the hot liquid, opening the lid to put in sugar or cinnamon, etc.
Accordingly, warnings are necessary. There should be warning labels that explain that the hot liquids are hazardous until they cool down a bit.
Warning Label Claims: Was The Label Enough To Protect Against Injury?
Consider the example of a hot coffee label provided by Dan Pink and shared by the Stack Exchange, where a coffee cup has a printed message that may seem clever but fails to explain the true danger of high temperatures and the likelihood of burn injuries. Read, “How useful is this coffee cup “hot contents” warning?” published by Stack Exchange on December 18, 2012.
In any hot coffee burn accident, the scald victim has a right to independently investigate the incident to determine legal liability for all those involved. This will include a consideration of any warning given to the customer victim, and every word (and graphic) of any warning label must be evaluated by experts for its communication of the danger. See, Laughery, K. R., & Wogalter, M. S. (2006). Designing Effective Warnings. Reviews of Human Factors and Ergonomics, 2(1), 241-271.
1. Inadequate Warnings and Instructions in the Warning Label
Not having a warning label is a shocking breach in the duty of care. Furthermore, just having a warning label is not enough. Insufficient warning labels can form the basis of a personal injury lawsuit based upon negligence or product liability law. See, Warning Labels: Danger of Serious Injury or Death in Accidents Involving Products.
The failure to provide a warning label at all; the failure to give an adequate warning of danger in the label; or the failure to give adequate instructions on the danger within the label’s language, may impose legal liability upon the seller of the product (and other parties as well, particularly when franchises are involved).
2. Jurisdiction in Warning Label Cases: Liability and Damages
The location of the accident is an important factor in these matters, because the warning label sufficiency will be decided by the law of the state where the accident happened. For instance, someone living in Indiana but who was hurt in Chicago will have their claims controlled and liability defined by the law of the State of Illinois. Read, The Importance of Accident Site Location for Personal Injury Claims in Indiana and Illinois.
The location of the incident also impacts what damages are available and to whom. For instance, hot coffee burn claims can involve extensive monetary damages for both the accident victim and those loved ones who have also suffered loss because of the event. Recompense may include not only immediate medical care and treatment; but subsequent surgeries; rehabilitation costs; psychological counseling and treatment (often needed by scar victims); pain and suffering; lost wages; lost earning capacity; and more.
To learn more about damages, read:
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Burn Injuries from Accidents: Permanent Harm, Disability, or Death
- Burn Injury Accident Claims: Calculating Justice for Burn Victims
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- Pain Awareness: Claims to Cover an Accident Victim’s Pain Damages.
Warning labels on something as simple as a fast-food coffee cup can protect against horrific harm that involves catastrophic burn injuries with the pain and suffering involved in things like debridement, grafting, and scar tissue. Warning labels are important and the failure to give them due respect can cause tragic and preventable accidents. Please be careful out there!
