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Dunkin Donuts Sued Over Hot Apple Cider Spill [POLL]

A New Jersey woman has sued Dunkin’ Donuts and the Belleville N.J. franchise after she claims a cup of the coffee chain’s hot apple cider spilled into her lap and scalded her thighs, leaving her with disfiguring scars.

Dunkin Donuts
Mario Tama, Getty Images

Jennifer Fragoso visited her local Dunkin’ Donuts store Sept. 24, 2012 and ordered a cup of hot apple cider, according to the complaint.

But, the suit claims, the cider “had been heated beyond industry standards to the point where patrons could not safely consume it.” So when Fragoso spilled the beverage, she says she suffered injuries so severe, she required medical attention.

Fragoso for nearly a year received treatment at the Burn Center at Saint Barnabas Medical Center, according to her attorney, Amos Gern, of Starr, Gern, Davison & Rubin.

The suit further alleges the cider “failed to have adequate warnings or instructions on the lid and container in which it was served” and was “sold in a dangerous fashion,” with the lid not properly secured to the Styrofoam cup.

The incident constitutes negligence because Dunkin’ Donuts should have known that the liquid was “unreasonably hot” and that, were a spill to occur, a consumer could be injured, according to Gern.

A public relations manager for Canton, Mass.-based Dunkin’ Brands said in an email the company is unable to comment on the suit at this time.

The case has drawn parallels to a lawsuit filed in 1992 against McDonald’s by a woman who suffered third-degree burns to her groin after spilling hot coffee purchased from the fast-food giant. Though a New Mexico jury awarded the woman nearly $2.9 million in damages, the case was widely mocked and branded by some as the poster child for frivolous lawsuits.

Do you feel that this suit if frivolous? Take the poll below.

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