San Francisco McDonald’s sued after elderly customer burns herself on hot coffee
New York — McDonald’s is being sued yet again for a hot coffee spill.
This time, a San Francisco location is accused of serving a “scalding” cup of coffee with an improperly attached lid, resulting in the coffee allegedly pouring out on plaintiff Mable Childress’ body and causing “severe burns” after she tried to drink it.
According to the lawsuit, which was filed last week, the elderly woman is suffering from “physical pains, emotional distress, and other damages.” It claimed that the restaurant’s negligence was a “substantial factor” in her injuries.
Childress also claimed in her lawsuit that the restaurant employees “refused” to assist her, which McDonald’s denied.
“We take every customer complaint seriously, and when Childress reported her experience to us later that day, our employees and management team spoke to her within a few minutes and offered assistance,” said Peter Ou, the owner of a McDonald’s franchise, in a statement to CNN.
“My restaurants have strict food safety protocols in place, including crew training to ensure lids on hot beverages are secure,” Ou said, adding that the company is “reviewing this new legal claim in detail.”
This case is similar to the well-known McDonald’s hot coffee lawsuit from several decades ago, in which another woman spilled coffee on her lap and suffered third-degree burns. Third-degree burns are the most severe and go all the way through the skin.
According to the American Museum of Tort Law, a jury in 1992 agreed with her claim that the coffee was unreasonably hot. “30 to 40 degrees hotter than coffee served by other companies,” according to the law museum. The plaintiff in that case was initially awarded nearly $3 million, but after an appeal, she settled for less, around $480,000.
McDonald’s was found liable in another hot food case earlier this year.
After a toddler was burned by hot chicken nuggets, a Florida jury awarded a family $800,000 in a civil lawsuit against McDonald’s and one of its franchisees. Upchurch Foods, the franchise owner, was found liable by the jury for failing to properly warn or provide reasonable instructions on the potential harm from hot McNuggets served at a Miami-area location.
McDonald’s called it a “unfortunate incident” but said they “respectfully disagree with the verdict.” According to its defense, it had no control over the injuries and damages.