In the first lawsuit of its kind in the nation, a woman is suing Dunkin’ claiming severe burns after a tray of coffee spilled on her, leading to hospitalization in a burn center. This case could change the coffee industry.
Woman suing Dunkin’ for coffee burns in the unusual case
By now, most people have probably heard of the case in which a woman successfully sued McDonald’s over being severely burned by hot coffee and received $3 million in compensation.
However, the latest case is the first of its kind in the nation because the lawsuit is focused not only on the coffee’s temperature, but a significant focus is on the coffee cup tray holding multiple containers of scalding liquid.
In a recently filed lawsuit, a New Jersey woman is suing Dunkin’ over claims she received severe burns after multiple cups of coffee from a holder fell on her as a worker attempted to pass it to her car.
It began when Samantha Picklo pulled up in the drive-through and ordered three cups of coffee and a couple of Wake-Up Wraps, NBC reports. She was directed to pull past the drive-through window and wait for a worker to bring her order.
The Dunkin’ worker, carrying a coffee tray, walked the order outside. But things went awry when she lowered her window to receive the tray.
“As he tried to pass it to me before I could even take it from him, I watched as the extra-large cup of coffee just fell forward,” Picklo said. “And then the other two fell right on me.”
The woman was then bathed in three individual servings of scalding liquid.
Paramedics rushed to the scene and took Picklo to the hospital.
“I never felt such a pain in my life,” Picklo said. She said she was transferred to the Jefferson Burn Center where she spent three days recovering.
The recovery process led to months of challenges.
“There’s a constant pain,” Picklo said. “And I have PTSD almost.”
What makes this lawsuit unique and how it could change the coffee industry
The lawsuit is the first of its kind in the nation that is not focused solely on temperature of the coffee but, the coffee cup tray.
“All the industry has to do is have a holder that has higher sides and is more secure,” said Picklo’s attorney Paul D’Amato.
D’Amato said he is looking into who makes the coffee trays for Dunkin’ and will be adding them to the lawsuit.
Currently, the lawsuit is seeking an unspecified amount of money for what Picklo endured in the incident and the recovery that followed.
“Her [Picklo’s] goal, as well as her husband’s goal, is to prevent this from happening to other people in the future,” D’Amato said.
It is possible if this lawsuit is successful, the coffee industry may be required to use trays that hold liquid containers more securely.
The McDonald’s coffee lawsuit and what temperatures of liquid cause burns?
In a case known as Liebeck v. McDonald’s Restaurants, commonly called the McDonald’s coffee case or McDonald’s coffee lawsuit, Stella Liebeck successfully sued McDonald’s after accidentally spilling coffee on her lap, which resulted in third-degree burns in her pelvic region.
Originally, she sought to settle the case for $20,000 to cover her medical expenses, but McDonald’s refused. That resulted in Liebeck’s attorney filing a suit accusing McDonald’s of gross negligence.
The jury found McDonald’s 80 percent responsible for the incident. It awarded Liebeck $200,000 and compensatory damages for medical expenses and $2.7 million in punitive damages, an amount equating to two days of McDonald’s coffee sales.
Liebeck’s attorneys argued that McDonald’s coffee was defective at a temperature of 180-190 degrees Fahrenheit and more likely to cause serious injury than coffees served at other establishments.
McDonald’s has not reduced the temperature of its coffee following the lawsuit, and its current policy is to serve coffee at 176-194 degrees Fahrenheit, according to Wikipedia. Instead, McDonald’s relies on more sternly worded warnings on cups made of rigid foam in order to avoid future liability.
When liquids burn
Water boils at 212 degrees Fahrenheit. A third-degree burn means a full-thickness burn of all layers of skin.
It only takes one second at 160 degrees Fahrenheit or higher to cause a third-degree burn.
Most adults will suffer third-degree burns if exposed to 150-degree water for two seconds or six seconds at 140 degrees, according to CPSC.gov.
