Going to Court With a Hot Beverage Expert Witness

In the U.S., the vast majority of lawsuits are settled via mediation. As a hot beverage expert witness and consultant for clients facing spill burn litigation, I’ve consulted on more than 70 cases and four have gone to trial.

Yet despite a low percentage of cases proceeding all the way to final judgment, every single case that I consulted on that went to trial resulted in a win for the defendant—my client.

We’re sharing a sketch of one such case to outline a successful outcome of this more rare—but still possible—path.

What drives settlements?

Why do the vast majority of cases settle? Trials are expensive, stressful, and bring the potential for serious damages. A business stands to take a significant blow financially, as well as taking a hit to their reputation from the publicity that a court case brings.

Plaintiffs are motivated to accept settlements because they may need the money right away for medical bills, and they also risk “losing” any potential monetary compensation if the judgment does not land in their favor.

The complaint

My client’s legal counsel reached out for a consultation immediately after being served with a lawsuit alleging that the product was defective—that the coffee was served too hot. The drink spilled after the customer received it in a drive thru, causing second-degree burns on her groin and thighs.

While this was a significant burn, my client was adamant that the injury was not their fault or responsibility. If my review of the circumstances confirmed their position, I knew they had a strong defense against allegations of negligence.

Support from a hot beverage expert

My client engaged me to bring credibility, practical knowledge, and decades of relevant experience to their defense. A thorough review of the case details and evidence, along with field testing of the coffee brewer used at the time of the accident, reinforced my client’s position that they were not at fault. The coffee was brewed using best practices for brewing and servicing temperatures for a satisfying cup of coffee, and the hand off from server to client was a complete and stable exchange. This shifted the responsibility to the consumer to handle a hot beverage with care.

As an expert in the best practices for brewing and serving hot beverages and a consultant in litigation, I don’t embellish or opine—I speak to the facts as they stand, from decades of being at the forefront of the coffee and tea industry.

I provided a technical report—the foundation of a strong defense—that covered the science behind why the water temperature needed to be in a certain range in order to achieve the expected beverage quality, and for their customers to be happy with the result: coffee that tastes great. The report also outlined best practices for handling hot beverages. Whether a consumer follows those practices once the drink is in their hand is out of my client’s control.

Risking trial

Confident in their position, my client didn’t offer to settle.

Though there was risk, there were three critical elements that led them to choose a trial:

They believed that the facts were on their side,
prevailing at trial will prevent future lawsuits with the same claim, and
they were willing to take that risk.

I testified at trial to the contents of my report. As often happens, plaintiff’s counsel attempted to undermine my credibility and question my expertise and conclusions, and to challenge what I could know given that I “wasn’t there when it happened.” Years of experience consulting on lawsuits trained me to keep a calm demeanor, to make industry jargon accessible to a jury, and to focus on the facts as presented.

Despite the evidence, jury verdicts are often unpredictable and never a guarantee. It was left up to 12 individuals to determine where the fault lay, based upon the evidence presented, the client’s case, and the credibility of my expertise.

Vindication

In the end, the jury sided 12-0 with the defense. It’s rewarding when the facts of the case help achieve a decision for my client.

Not only did my client avoid a significant payout, but they reassured their staff and sent a significant message to the public to prevent future lawsuits. And they avoided an increase in liability insurance that they would have been hit with, had the trial resulted in judgment for the plaintiff.

Every day a different case

No two cases are ever the same, but the standards and best practices behind making and serving a great cup of coffee or tea are solid. And they’re the theme running through every case I consult on.

For some cases—many, if you believe the numbers—settlement is the right option. Even when successful, taking a case to trial is not without cost. Legal expenses are rarely recouped, nor are the time and energy spent on the case. Taking a case to trial requires a wealth of resources to start with. My client in this case was a large national chain with the resources to take on litigation; it can be more challenging for small business owners to take the risk, which can also be a serious distraction from daily business operations.

I never advise our clients what to do or how to handle their cases. I just present the facts. But our track record with trial cases speaks to the truth that the facts can paint a compelling picture.