Burned in a Restaurant: Know Your Rights and Legal Options

Twelve thousand burns happen in the Food Service Industry annually. Most common burns and scalds are caused by hot drinks you bought in your favorite restaurant, like tea or coffee. Dining out should be a pleasant and relaxing experience, yet it can take a drastic turn when you suffer burns from trying to drink your favorite hot beverage.

These can result from restaurant negligence, a cup of tea or coffee served at an excessively high temperature, a bowl of steaming soup, or an accidental spill on a customer, can cause serious injuries.

In 2020, a man from California received compensation of $50 million due to severe burns caused by picking up a piping hot venti-sized drink at a drive-thru; the man is believed to have suffered injuries from the waist down, resulting in permanent disfigurement.

At The Law Offices of Sean M. Cleary, we represent individuals who have suffered burns caused by negligence or failure to meet reasonable safety standards in restaurant settings. We take these things seriously as we understand that a burn can change a person's life.

We're experienced in handling restaurant-caused burns cases, exploring how hot-liquid-related burns occur in restaurants, the types of injuries involved, the responsibilities of restaurant owners, and how our firm can help you pursue the compensation you're entitled to.

How Restaurant Burn Accidents Occur

Restaurant burn accidents happen due to contact with hot surfaces, liquids, or steam, which are usually caused by hot grease, hot liquids, and hot cooking surfaces. These accidents can occur fast, resulting in personal injury lawsuits. To check your eligibility, here are the most common restaurant negligence that can cause burns:

  • Hot beverages spilled by waiters/waitresses
  • Unstable trays or improperly handled plates or cups
  • Failure to warn customers about the temperature of a beverage
  • Serving drinks at dangerously high temperatures
  • Lack of training or protocols for handling hot liquids
  • Packaging that is not secured

Types of Injuries Involved

A single spilled cup of hot beverage can cause first, second, or even third-degree burns, depending on the temperature of the liquid and how long it remains on the skin. Scald burns are the most common burn injury in restaurants. Scalding occurs when the skin comes into contact with water. The burn injuries sustained caused by restaurant neglect can vary in severity. Nevertheless, if you are a victim of restaurant negligence, you are eligible for compensation regardless of the type of burn injury you sustained. Below are the most common burns sustained in a restaurant setting:

  • Skin burns from spills
  • Internal burns from ingestion (i.e., esophageal burns)

Liability and Compensation

Restaurants have a legal duty to care for their customers by ensuring that the food and drinks they serve are safe from potential hazards. If it can be proven that the establishment failed to meet the safety standards by serving hot liquids at an unsafe temperature, failing to warn of known risks, or spilling food due to staff negligence, they may be held accountable for the damages.

Victims of restaurant neglect-related burns may be eligible for compensation that includes economic and non-economic losses and, in some cases, punitive damages if there is proven gross negligence on the restaurant's end. The financial compensation you will receive after we pursue a restaurant negligence case on your behalf will vary depending on the following aspects:

  • Medical costs
  • Loss of potential earnings
  • Physical and emotional distress
  • Rehabilitation

How Can The Law Offices of Sean M. Cleary Help in a Restaurant Negligence Burn Case

In handling restaurant-related burn cases, experience is of the essence. After the incident, collect evidence that proves your claim, including photo documentation of the setting, your injury, your medical records, and statements from witnesses that our experts at The Law Offices of Sean M. Cleary will promptly review. We are committed to offering our clients top-tier legal support with compassion and expertise.