Can You Sue a Restaurant for Burns From Hot Coffee or Tea?

Can you sue a restaurant if you’re burned by hot coffee or tea? If a restaurant serves a dangerously hot beverage, fails to secure the lid properly or otherwise causes a preventable injury, it could be responsible for the resulting burns and compensation.

Personal injury lawyer Sivan Tumarkin discussed these issues on 640 Toronto after a Calgary toddler suffered serious burns when hot tea spilled at a Tim Hortons. The incident raised questions about restaurant safety, personal responsibility and whether a warning on a cup is enough to protect a business from liability.

Toddler Suffers Serious Burns at Calgary Tim Hortons

A Calgary father called for safer beverage temperatures after his young son suffered severe burns when a large cup of tea spilled at a Tim Hortons restaurant.

The child was rushed to Alberta Children’s Hospital for emergency treatment. His father subsequently urged Tim Hortons to reconsider how hot its beverages were served and improve first-aid training for restaurant staff.

The father said he wasn’t trying to sue the company. Instead, he wanted to raise awareness about the dangers of excessively hot drinks.

Speaking with Kelly Cutrara on AM640, Sivan Tumarkin explained that responsibility for an injury like this isn’t always as straightforward as blaming the person who spilled the drink.

The temperature of the beverage, the condition of the cup and lid, and the circumstances of the spill can all be important.

Can You Sue a Restaurant for a Hot Coffee or Tea Burn?

Yes. A restaurant can be held responsible if its negligence causes or contributes to a serious burn injury.

Customers expect hot coffee and tea to be served safely. A restaurant may face a personal injury claim if, for example:

• A beverage is served at an unreasonably dangerous temperature.
• A cup or lid isn’t properly secured.
• Unsafe handling causes a hot drink to spill onto a customer.
• A restaurant fails to take reasonable precautions against foreseeable injuries.

During the interview, Sivan emphasized that both personal responsibility and restaurant safety must be considered. An accidental spill doesn’t automatically mean the injured person is entirely responsible.

The key question is whether the restaurant failed to take reasonable care and whether that failure contributed to the injury.

Does a “Caution: Hot” Warning Protect a Restaurant?

No. A warning label doesn’t automatically eliminate a restaurant’s responsibility for a burn injury.

Most customers understand that coffee and tea are hot. That doesn’t mean they should expect a beverage to be served or handled in an unreasonably dangerous way.

Sivan explained that the issue comes down to what a customer can reasonably expect. A warning may be relevant, but it doesn’t replace the restaurant’s responsibility to serve food and drinks safely.

A restaurant’s equipment, serving practices, cup design and beverage temperature may all become important when determining liability.

What Compensation Can You Receive for a Serious Burn Injury?

Severe burns can require extensive medical treatment and leave lasting physical and emotional effects. Some injuries result in permanent scarring, nerve damage or the need for skin grafts.

If negligence caused your injury, an Ontario personal injury claim may allow you to pursue compensation for:

• Pain and suffering: The physical and emotional impact of the injury.
• Lost income: Earnings lost while recovering and future income affected by lasting injuries.
• Medical and rehabilitation expenses: Treatment, therapy and other injury-related care costs.
• Future care: Ongoing treatment and assistance required because of the injury.

The compensation available depends on the severity of the burns, their long-term effects and the circumstances of the accident.

What Should You Do After a Hot Beverage Burn?

If you’ve suffered a serious burn from hot coffee, tea or food at a restaurant, taking the right steps can protect your health and your ability to pursue compensation.

1. Get medical attention. Serious burns require prompt assessment and treatment.
2. Report the incident. Tell the restaurant what happened and ask that the incident be documented.
3. Preserve the evidence. Keep the cup, lid, receipt and any photographs of the scene or your injuries, where possible.
4. Keep your medical records. Document your treatment, recovery and injury-related expenses.
5. Speak with a personal injury lawyer. Find out whether the restaurant may be responsible and what compensation you can pursue.

Injured at a Restaurant? Get Legal Help

If you’ve suffered serious burns or another injury because of a restaurant’s negligence in Ontario, the personal injury lawyers at Samfiru Tumarkin LLP can help you pursue the compensation you deserve.

Our firm offers free consultations for personal injury claims and works on a contingency fee basis — you don’t pay legal fees unless we win your case.

Don’t let a serious injury leave you paying the price. Contact us today or call 1-855-821-5900.