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Danica Patrick’s Starbucks Burn Incident: Who Is Liable for Burn Injuries Caused by Hot Beverages?
Danica Patrick, the former NASCAR driver, recently shared the aftermath of a scalding burn caused by hot water from Starbucks on her Instagram Stories, sparking public debate about the safety of excessively hot beverages. Her posts documented her painful recovery, showcasing graphic images of a severe burn on her thigh and raising questions about Starbucks’ responsibility in such incidents.
This highlights an important legal issue: when businesses serve beverages at dangerously high temperatures, are they liable for injuries caused to their customers? This blog explores the legal framework for burn injury claims in Florida, what victims need to know, and how to hold negligent businesses accountable.
What Happened to Danica Patrick?
On December 1st, 42-year-old Danica Patrick shared a series of photos on Instagram documenting a severe burn on her left thigh caused by hot water from Starbucks. The images revealed significant redness, blistering, and scarring, with Patrick expressing frustration about the dangerously high temperature of the water.
Patrick’s experience is not unique. Similar incidents have resulted in legal claims, with some leading to substantial settlements or verdicts for victims.
When Is a Business Liable for Burn Injuries in Florida?
Under Florida law, businesses like Starbucks owe their customers a duty of care to ensure their products and services are safe. If a business fails in this duty and causes harm, they may be held liable under premises liability or negligence laws.
Common Causes of Burn Injuries in Beverage-Related Incidents
- Excessively High Temperatures: Serving beverages or water at temperatures that can cause immediate burns.
- Improper Handling: Employees failing to secure lids or properly hand beverages to customers.
- Defective Containers: Cups, lids, or carriers that fail, causing spills.
Proving Negligence in Burn Injury Cases
To hold a business accountable, the plaintiff must demonstrate:
- Duty of Care: The business had a responsibility to provide a safe product.
- Breach of Duty: The business failed to meet reasonable safety standards.
- Causation: The breach directly caused the injury.
- Damages: The victim suffered measurable losses, such as medical expenses, pain, or lost wages.
Types of Burn Injuries from Hot Beverages
Burns caused by hot beverages or water can range from minor to severe, with varying long-term effects:
- First-Degree Burns: Affect only the outer layer of skin, causing redness and minor pain.
- Second-Degree Burns: Damage deeper layers of skin, resulting in blisters, swelling, and significant pain.
- Third-Degree Burns: Penetrate all layers of skin, causing severe damage, scarring, and potential nerve loss.
Danica Patrick’s photos suggest a second-degree burn, which can require weeks of recovery and result in permanent scarring.
Damages Recoverable in Florida Burn Injury Cases
Victims of burn injuries caused by a business’s negligence may be entitled to compensation, including:
Economic Damages
- Medical expenses: Emergency care, surgeries, and rehabilitation.
- Lost wages: Compensation for time missed from work.
- Future medical costs: Ongoing treatment for scarring or pain management.
Non-Economic Damages
- Pain and suffering: Physical pain and emotional distress caused by the injury.
- Disfigurement: Compensation for permanent scars or physical changes.
- Loss of quality of life: Inability to enjoy activities or hobbies due to the injury.
Burn Injury Claims Against Starbucks
Burn injuries from hot beverages at establishments like Starbucks have led to several notable legal cases, highlighting the importance of proper safety measures in the food service industry. Here are some significant incidents:
1. Joanne Mogavero (2014)
In Florida, Joanne Mogavero suffered first- and second-degree burns when the lid of her 20-ounce coffee cup dislodged as it was handed to her through a drive-thru window, spilling 190°F coffee into her lap. A jury awarded her $100,000, covering medical expenses and pain and suffering.
Mary Simms from Tomball, Texas, filed a lawsuit seeking up to $75,000 after sustaining first- and second-degree burns from a coffee spill. She alleged that the Starbucks employee failed to secure the cup’s lid properly, leading to the spill.
In Lynwood, California, Muriel Evans experienced severe burns when a Starbucks barista handed her a coffee at approximately 190°F, and the lid popped off, spilling the hot liquid onto her lap. The lawsuit claims Starbucks was aware of defective lids and excessively hot beverages but failed to take corrective action.
In Northern California, Tommy Piluyev suffered severe burns during a drive-thru visit to a Roseville Starbucks. While receiving two Honey Citrus Mint Teas, the lid of the second cup came off, spilling scalding liquid onto his hands, stomach, and pelvic area. The burns required 11 days of hospitalization in a burn unit, where he underwent intensive pain management and wound care. Piluyev and his wife filed a lawsuit against Starbucks and Pactiv Packaging Inc., the manufacturer of the cups and lids, citing product liability and negligence.
5. Deanna Solas-Solando (2017)
Deanna Solas-Solando filed a lawsuit after a Starbucks barista in Denver, Colorado, handed her a venti tea without a heat sleeve, double cup, or securely fastened lid. According to the lawsuit, the scalding hot tea spilled, melting her clothes and causing severe burns to her abdomen and thighs. Tragically, her dog was also burned and later died after receiving treatment at an animal hospital.
Houston attorney Katherine Mize filed a lawsuit against Starbucks and a barista, alleging severe burns caused by a hot coffee spill at a drive-thru. According to the lawsuit, the barista, identified as Brie, squeezed the cup while handing it to Mize, causing the lid to come off and spilling scalding coffee on her body. The lawsuit claims Starbucks’ coffee cups and serving temperatures were “unreasonably dangerous” and accuses the company of failing to properly train employees.
Philina Cha filed a lawsuit against Starbucks after suffering severe burns from hot water served at a Portland location. According to the lawsuit, the cup of hot water provided with her coffee either lacked a proper lid or had a defective one, causing the liquid to spill down her leg and into her boot. The burns were so severe that Cha required skin grafts and has permanent scarring from the incident.
How to Protect Your Rights After a Burn Injury
If you suffer a burn injury caused by a hot beverage or water, take the following steps:
- Seek Immediate Medical Attention
Documenting the extent of your injuries with medical records is critical for your case. - Preserve Evidence
Take photos of the injury, save any receipts or packaging, and document the circumstances of the incident. - Report the Incident
File a formal complaint with the business and request a copy of their incident report. - Consult an Experienced Burn Injury Attorney
A knowledgeable personal injury attorney can investigate your case, gather evidence, and negotiate with the business or their insurer for a fair settlement.
How Our Personal Injury Attorneys Can Help
At Flanagan & Bodenheimer, we have extensive experience handling burn injury claims in Florida. We understand the physical, emotional, and financial toll these injuries can take, and we’re committed to helping victims secure the compensation they deserve.
Our team will:
- Investigate the incident and gather compelling evidence.
- Work with medical experts to document the full extent of your injuries.
- Handle negotiations with the business or their insurer.
- Represent you in court if a fair settlement cannot be reached.
Danica Patrick’s Starbucks burn incident serves as a reminder of the dangers posed by excessively hot beverages and the legal recourse available to victims. Businesses have a responsibility to prioritize customer safety, and when they fail to do so, they can be held accountable through legal action.
If you’ve suffered a burn injury due to a business’s negligence, contact Flanagan & Bodenheimer for a free consultation. Our dedicated team will fight for the justice and compensation you deserve.
Call 305-638-4143 or fill out our online form to get started today.
