A Look at the Cases Dan Cox & Associates May Add Value To
Our goal at Dan Cox & Associates is that no spills or burns occur, but with millions of hot beverages brewed and sold each day, a few spilled beverages are likely to occur each day. Sadly, some of those spills can cause burns that can affect a victim’s physical, mental, and financial wellbeing, keeping them from everyday activities. When this occurs, some victims will look to lawsuits to place the blame and seek compensation to those that brewed, or served the beverage, or even made the cup or equipment. Dan Cox & Associates specializes in the facts of brewing, serving, and manufacturing of hot beverages and hot beverage equipment.
Company founder, Dan Cox, has over 40 years of experience in the hot beverage industry, having written two books on preventing spills and responding to lawsuits – “Handling Hot Coffee”, and “Coffee: Too Hot to Handle of Mishandled”. His expertise allows Dan Cox & Associates consult or Dan to testify as an expert on hot beverages involving coffee, tea, hot chocolate, or hot water.
Having consulted on cases for the last 30 years, Dan Cox & Associates understands that each case has its own reason and merits. That being said, there are a few types of cases where the specialized industry knowledge earned over the decades in the hot beverage industry broadly applies.
The Temperature of the Beverage is in Question
When a business is given service of process for a lawsuit in relation to hot beverage spill, one of the most common complaints is that the beverage was served “too hot” and was therefore unsafe or negligent to serve. When it comes to hot beverages, especially hot coffee, tea, or cocoa, the water temperature plays a vital role in quality during brewing, holding, and serving . By following guidelines laid out be the Specialty Coffee Association, and other hot beverage industry groups, it is reasonable to conclude temperature of a must be high, in order to extract the necessary flavors and aromas.
The water temperature needed to brew a cup of hot coffee or tea will burn, but it is necessary for flavor, quality, and consistency. When is comes to a lawsuit, language relating to the temperature of the beverage at the point of service, such as “scalding”, “steaming”, “out of industry standards”, or “boiling”, can be a signifier that a case can be defended against using scientific reasoning, and examples.
The Function of Commercial Brewing Equipment
Dan Cox & Associates works closely with Coffee Enterprises, its sister company who is a global leader on coffee and tea analysis and consulting, to ensure it’s always up to date with the most recent innovations in the coffee industry, including information on commercial brewing equipment. This can include innovations with operations, setting and specifications, durability, safety measures and maintenance for commercial brewers, grinders, and serving vessels.
Occasionally, a lawsuit will contain a complaint against the equipment manufacturer whose machine was used in creating a hot beverage. This can be claims that the equipment was malfunctioning, lacked appropriate maintenance, was operating incorrectly, or that the staff lacked adequate training. Commercial brewing equipment is designed to precisely heat and hold and dispense high temperature water required to create hot beverages for the enjoyment of the consumer. There are several safety measures and guards against accidents that may be found on brewing equipment. Mant commercial brews purposefully limit the interaction between its user, and its hot water dispensers and spray heads, including through locking brew baskets. A number of indicators would show if a machine was underperforming or had been tampered with – including work logs, temperature monitors and thermometers, and in store service records. If everything is in place, then it is very likely that a machine was working as intended – producing hot beverages at the correct temperature for brewing and holding.
The Serving of a Hot Beverage Through a Drive Thru Window
The drive thru window, while convenient for a customer looking for speedy delivery, can be dangerous when it comes to serving hot beverages. There are challenges and dangers with the handoff between employee and consumer in drive thru service, including different heights of car and truck windows, and the hand-to-hand transfer of the beverage. Almost all drive thru windows are on the driver’s side of the vehicle, but only 10 to 12% of Americans are left hand dominant, leaving most to work with their non dominate hand when facing these challenges.
A spill can occur after a completed transaction, while a customer is driving away and no longer at the drive thru window or even in the parking lot of the restaurant shortly after receiving a beverage. While this doesn’t encompass all the possibilities of a spill, it does encompass many that are seen at Dan Cox & Associates, which is way we have a recommended article on drive thru safety.
Hot beverage spill burns are serious injuries that can affect anyone, at any time. When these accidents involve an employee or customer and retailer relationship, if can complete the process further. At Dan Cox & Associates, we hope to bring clarity and expertise to these cases, to ensure that the science behind hot beverages allows for the best possible outcome.
See our Safety Store today to protect your customers, employees, and business from a hot beverage spill today.
