Legal Question in Civil Litigation in Pennsylvania
My 8 year old daughter was burned by coffee that I purchased at duckin donuts. She was holding the coffee until I got in the car but, within that split second a bee came it the car and she got scared and the coffee went all over her lower belly, pubic area, and buttocks. She had two layers of clothing on i am just amazed how her skin immediatly peeled and bubbled. We went to the er on Sunday August 30,2009 and are still in the hospital as of September 3,2009.She did have to recieve surgery for her second degree burns. I know coffee is hot, but this seemed much too hot too even be aloud. Is there a limit to the coffee temperature should my daughter be suffering like this for a spilled cup of coffee?
2 Answers from Attorneys
It really depends. In Pennsylvania like in other jurisdictions, a lawsuit premised on a theroy of negligence requires that you prove Dunkin' Donuts (DD) breached a duty of care owed to your daughter. That duty requires that the coffee be maintained at a reasonable temperature. It also requires that the coffee cup be designed so as not to cause it to spill easily etc... I would need to know more information about your daughter's case to provide you with a better answer. At this point I have not read enough to tell you either way that you have a case against DD for negligence. The fact that your daughter spilled it on herself may be a problem. Feel free to contact me with further questions.
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I'm very sorry about your daughter's injuries! I'm sure this is a very upsetting situation for your family. I hope she makes a quick recovery. It's possible we may have a valid case. You may be familiar with the McDonald's case that was in the news a few years ago, where a lady spilled very hot coffee, in the same bodily area as your daughter, & received a very large jury award. I would need to speak to you in more detail. I have handled similar cases in the past. Please call if you would like to discuss further.
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