Why Hot Beverage Spill Cases Continue to Occur: Lessons from Garcia v. Starbucks
Looking beyond the headlines to understand the science, operational decisions, and human factors behind hot beverage spill litigation. The recent Garcia v. Starbucks case has once again brought hot beverage spill litigation into the public spotlight. Much of the attention has focused on one number: $50 million. That is certainly a striking number. But if... Read More
Liebeck v. McDonalds: How a Misunderstood Verdict Could Impact Your Next Case
In 1992, Stella Liebeck suffered severe burns when a cup of hot coffee spilled in her lap. The lawsuit that followed sparked a media firestorm, widespread misunderstanding, and renewed calls for tort reform. It also led to a sharp increase in lawsuits filed against coffee retailers. As time goes on, videos such as this TedEd... Read More
A Tale of Two Cups: Quality Cups Contribute to Positive Customer Experiences
A quality hot beverage to-go cup can be the difference between a spill, burn and lawsuit, and a safe and positive customer experience. When considering the choice of cup for your to-go hot beverages, there is more than just cost to consider. A quality cup that has been purchased for spill prevention in mind will... Read More
Hot Beverage Spill Burns: Three Case Types We Take as a Consultant or Expert Witness
When a bad burn occurs as the result of a hot beverage spill, victims (and their insurance companies) may feel the need to place blame—often in the form of lawsuits. Dan Cox & Associates specializes in presenting the facts and defending foodservice operators when legal action arises. All of the cases we have been hired... Read More
Why Can Coffee Burn Your Skin While Not Burning Your Mouth?
One of the most commonly raised questions in hot beverage burn litigation seems deceptively simple: if coffee is hot enough to burn skin, why doesn’t it burn people’s mouths when they drink it every day? The answer lies in basic physiology, heat transfer, and how the human body responds to temperature in different environments. This... Read More
Lei v. Cafe Solstice
No two lawsuits are the same, but after over 45 years in the hot beverage industry, we’ve seen similarities in many of the cases we consult on. A recent case entails many of the common complaints found in a hot beverage spill and burn lawsuits, it illustrates how an expert in hot beverages can strengthen... Read More
How An Expert Witness Can Help Win a Hot Beverage Burn Lawsuit
As hot beverage burn lawsuits—with or without merit—flourish in the wake of the seminal 1990s case Liebeck vs. McDonald’s Restaurants, many companies will find themselves defending against litigation from coffee burns and other hot beverage spills. An expert witness is needed to cut through the myth and misinformation and protect a brand, franchise, or business... Read More
Legal Experience Matters: Five Things I’ve Learned as an Expert Witness
I’ve been in the coffee and tea industry for four decades. But again and again in my work as an expert witness and consultant for coffee burn and hot beverage spill lawsuits, I realize that being a subject matter expert isn’t enough. Legal experience matters a lot. To speak powerfully to the court—in a deposition,... Read More
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... Read More
Getting in Hot Water
Many plaintiffs that bring forward a hot beverage spill and burn lawsuit have a similar complaint – that the coffee was too hot. Americans drink over 140 billion cups of coffee per year. There are hot beverages that are brewed, served, and handled over 380 million times per day. Is it really possible for a... Read More
