Second Degree burn from hot coffee

[JP6044]

Good day all,
Not sure how to proceed, or if I even should, so I thought I'd try to gather some opinions from people closer to the law than I am.

On Sunday of this week, I stopped off at the drive through of a local Burger King with my kids. When the gentleman handed me a cup of coffee through the window, it somehow spilled onto my left thigh (I don't know if it was a bad handoff, or if I just dropped it). As a result, I now have a very painful second degree burn measuring about 5 x 6 inches across the top and outside of my thigh. For the first 2-3 hours after the spill, I was in excrutiating pain, and had to keep it immobilized and covered with a cool rag. The burn has blistered and oozed, and the skin is now fairly loose and discolored. This morning (Tuesday) I saw a Physicaians Assistant, who confirmed that it is in fact a second degree burn. She applied Silvadene cream (and provided me with a perscription for more), and wrapped the thigh in gauze.

Quite a few people have told me to contact a lawyer, as the coffee served should not have been hot enough to do such damage. And honestly, it IS still quite painful.

Any thoughts on this are appreciated!

 

[lawsno]

Second Degree burns - could backfire.

Hello!

Well, from the sounds of it.. I would say that the fast food place needs a good warning of having their coffee too hot. But you know....years ago..there was an 80 year old woman who, inside a McDonald's restaurant spilled her coffee onto her lap. It caused 2nd or 3rd degree burns at 180 some astronomically high heat. McDonalds said it did heat their coffee so that it stayed hot longer to satisfy customers.
All the old woman wanted was for McDonalds to pay for her med bills, simple. Not much, either. In court, they never bothered showing up! The jury, found this extremely rude.... and just completely took over. They asked the judge if they could award the old woman more than the requested amount. She was awarded ONE MILLION. Too funny!!! And what's more, Mc Donald's was told to reduce the heat standard on their coffee in ALL restaurants. It would appear that the chain you were at, also knows this fully.

Every restaurant owner remembers that case, was all over the news albeit probably 15 years ago.

Because you cannot prove it was yours or their negligence, as you have just stated that you don't know who spilt what, then you should issue a warning.

Now, that is all you're probably going to be able to do anyway.

It's your word 'in the car window' against his. Remember, what the other side will fight with. For all they care, they'll say you did it on purpose, or that it happened after you left the drive thru. ?????????' things like that. Maliciousness pops up in the most unexpected of places, and they will accuse you of just such an act.

If you plan on going through with this, I hope you have photos, doctors' letters and bills, dates, witnesses!!!!!!!!!!!!!! ALL OF THAT AND MORE.

It would be better to admit you may have had a hand in not grasping the cup fully, cause that is what they will say unfortunately cause you were not inside, sitting, at the table being served by someone who spilt it on you. THAT is negligence.

In this case, nobody can prove a thing, other than it could have been you.

So they will leave it.

For the safety of all concerned, it would be better to just give them a warning and ask for some of the med bills, and ask to reduce the temp of their coffee. ???????? Seems like so little, but in this case.. who is at fault? It is not the first time you ordered coffee there, but the first time the cup slipped.

So. They will use it all.

eeek.

Good Luck... hope it goes well and hope you are healing well, too! :yes:

 

[JP6044]

Thanks!

Thanks for the feedback! I never bothered going to a doctor about it - we have a physicians assistant at work, who gave me a medication for a topical cream, which worked beautifully. After about a week, the pain had almost fully subsided, and as of now, there's barely even a scar (which I really don't care about).

So, I ended up sending a letter to BK, informing them of the incident and asking that they consider the effects of such a spill on the elderly or small children, regardless of HOW it happened. I simply asked that they perform quality assurance on their coffee machines, and ensure that what is being served falls within the appropriate legal guidelines. I've not heard back, nor do I expect to anytime soon. And I certainly hope that if they DO respond, that they don't send me coupons for more coffee :no:

Appreciate your time and thoughts!

 

[FlaRiptide]

JP6044,

Your response to the situation was perfect. It is a shame that more people don't handle similar situations like this. So many go off on a civil suit tangent!!

Hopefully BK will respond properly and perhaps you will get an apology and coupons for free whoppers.

 

[Patricia_Young]

Or the new smoky cheddar, bacon, Steakhouse burger. YUM!!!!!!!!!!!!