Starbucks is in the news (as if it ever really wasn’t).
If you were reading the news 30 years ago, you might remember a highly publicized lawsuit involving a woman who filed a lawsuit against McDonald’s after she suffered burns from coffee she bought at its drive-through window. In the end, the lawsuit became the subject of jokes and even a line in a song written by country singer Toby Keith.
But a burn injury isn’t a laughing matter. Neither the plaintiff nor the defendant wants to see their name on a legal filing—although frivolous lawsuits are a problem for the courts, most injury victims genuinely only want to be compensated for their losses.
And now, a delivery driver has won $50 million in damages for a lawsuit against Starbucks for a burn injury.
Here’s what happened.
Michael Garcia underwent skin grafts and other treatments for his genitals after a severe burn injury. He arrived at the drive-through at a Los Angeles Starbucks in 2020 to pick up three venti-sized “medicine ball” teas. The drive-through employee handed him a cardboard carrier with the three beverages at the window. One of the drinks fell and the lid popped off; the hot drink spilled directly into Garcia’s lap. He suffered third-degree burns to and around his genitals and thighs, resulting in two skin grafts that continue to cause pain. Garcia’s lawsuit alleged that the employee was negligent in not securing the lids properly on the cups.
His attorney said the plaintiff’s objective was to receive damages for his injuries, and also to hold Starbucks accountable for “flagrant disregard for customer safety and failure to accept responsibility.”
Starbucks plans to appeal the judgment.
A Starbucks spokesperson claims the jury verdict was excessive and that the company handles hot drinks with the highest safety standards. In the McDonald’s lawsuit in the 1990s, the plaintiff was awarded $2.7 million by the jury, but the damage award was reduced by a judge on appeal. It ultimately settled for an undisclosed amount that was reportedly under $600,000.
Related: From Happy Meal to Heated Lawsuit: The McDonald’s McNugget Case
Should you file a lawsuit if you were burned by a Starbucks drink?
You can file a lawsuit if you suffered an injury that was directly caused by a person or entity’s negligence. Negligence is the failure to take reasonable care to prevent an injury.
The purpose of personal injury law is to make a plaintiff whole, or to restore them to the financial condition they would be in if the injury hadn’t happened.
There are a few legal bases for a hot beverage lawsuit:
- Negligence. If the restaurant served an excessively hot beverage without proper warnings or failed to secure the lid, you might have a lawsuit.
- Product liability. If the cup or lid was defective, which caused a spill or burn, the manufacturer could be liable.
- Premises liability. If the restaurant failed to take reasonable safety precautions, such as handing you a dangerously hot drink through a drive-through window.
What to consider if you’re filing a burn injury lawsuit
- The drink was unreasonably hot beyond industry standards.
- The restaurant failed to warn you about the temperature.
- The container was flimsy, defective, or improperly sealed.
- The burn caused severe injuries (e.g. second or third-degree burns).
Damages for a restaurant beverage burn injury lawsuit
If you suffered a burn injury from a hot beverage in a restaurant or fast-food establishment, you could recover damages that include costs for:
- Medical treatment
- Lost wages
- Disability compensation
- Emotional distress
- Punitive damages