When are Restaurants Liable for Personal Injury?

There have been several cases in recent years involving restaurant customers suing restaurants after suffering injuries from very hot foods and beverages. The most famous of these cases occurred in 1994 and involved a 79-year-old woman who suffered severe burns from extremely hot McDonald’s coffee served through a drive-thru window. More recently, a woman sued a Chicago restaurant in 2017 after “piping hot” lasagna burst hot marinara sauce all over her hand, causing severe burns. In both of these cases, the plaintiff claimed that the restaurant failed to properly warn them about the intense heat of their products, and did not adequately train staff to handle these items and warn customers about the potential for injury.

The careless or negligent serving of food would generally constitute grounds for a lawsuit if the restaurant’s negligence results in harm to a customer. However, there is a measure of assumed risk whenever you eat at a restaurant. While you have an expectation for your food to be thoroughly cooked and safe to eat, you must still exercise good judgment to prevent injuries in some cases. This may include waiting for hot food to cool, and being careful not to spill anything. If the restaurant fails to give warning about a hot dish, hot food, or a restaurant employee causes an injury, then you would likely have grounds for a personal injury claim.

It’s vital to assess the strength of your claim before going forward with a lawsuit. If you attempt to pursue legal action on your own, you could have the case thrown out before it even reaches trial due to lack of evidence or failure to meet the court’s filing deadlines. After suffering any type of injury from a hot food or beverage, secure as much evidence as you can pertaining to your injury and the environment in which it occurred. This can include photos of your injury, the food, the place where you received the food, and statements from other people in your dining party or in the restaurant.

Once you have received medical care for your injury, obtain a copy of your medical report that outlines the extent of your injuries and recovery plan. Your next step should be to contact a reliable personal injury attorney to discuss the strength of your case and potential compensation. Although the McDonald’s hot coffee lawsuit resulted in a $2.7 million award in punitive damages, the court later lowered this amount to $480,000. It’s vital to avoid assuming that your hot food or beverage case will result in a multi-million dollar settlement. Your attorney can provide you with a realistic idea of the compensation you should expect from your lawsuit.

If an attorney decides that your case holds merit, he or she will likely start gathering evidence to strengthen your case. This entails finding proof that the restaurant was careless or negligent in the service of your food, and proof that your damages resulted from this negligence. Plaintiffs in these cases can secure compensation for their medical expenses, lost income (if the injury prevents them from working while they recover), and pain and suffering damages. Burns are painful injuries that can easily cause permanent or long-term damage, and your attorney will advise you as to a realistic amount you could expect from a lawsuit.

Ultimately, you cannot expect to secure compensation for an injury that you caused yourself. It’s important to speak with a reliable attorney before taking any type of legal action, or you could wind up paying more in legal fees than your case is actually worth. If you genuinely feel that a restaurant was negligent in the preparation or service of your food and caused an injury, an attorney will help you assess your claim and determine the types of compensation you should pursue in your lawsuit.

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