According to reports, a Michigan man has filed suit against McDonald’s, alleging that he was burned by hot coffee at drive-through. The allegations in the case go a little something like this:
On December 5, 2016, Carl Honeycutt, while a front seat passenger in a vehicle operated by his friend, made his way to a McDonald’s drive-through in Ypsilanti, Michigan. Honeycutt ordered a cup of coffee. The McDonald’s employee handed the cup of coffee to the driver of the car who, in turn, handed the cup to Honeycutt. When Honeycutt took hold of the cup, the cup’s lid popped off and coffee spilled onto Honeycutt’s chest. As a result, Honeycutt allegedly sustained second-degree burns.
In an interview with M Live, Honeycutt’s attorney, Joshua Cecil, stated that he is was well aware of the infamous Stella Liebeck lawsuit. But does this case really have anything in common with its infamous predecessor? Cecil seems to hope so. Cecil argued that the Liebeck lawsuit prompted McDonald’s to take steps to maintain its coffee at a reasonable temperature, but independent franchisees may not always follow through. Keep in mind, however, that there is no information as to the actual temperature of Honeycutt’s coffee or whether its temperature was outside the bounds of McDonald’s corporate policies. (Also, there is thing we have heard about a time or two that coffee, by its nature, is meant to be served hot).
The lawsuit raises two theories of negligence: (1) failing to secure the lid to the cup and (2) the coffee was served at an “excessive and unreasonable temperature.” The latter clearly paves a way down the Liebeck path. However, Liebeck verdict aside, the former may be the better path to any recovery rather than fight through the 20+ years of rhetoric over whether a company can be held liable for serving a hot product at a hot temperature within industry standards.