New Jersey customer sues over hot coffee… again

Summer is over and people are ordering their coffee hot once again. So for restaurants and fast food joints, now is the time to take notice.

Sometimes you have to wonder if maybe serving cold year-round is the way to go and forget all about hot. At least that way you wouldn't have to worry about lawsuits claiming your liquids are overheated.

But then again, we'd probably be seeing lawsuits over spilled iced coffee nearly freezing someone's skin on contact. If it's frivolous, someone with nothing better to do will go for it.

And I'm sorry some of these food and drink establishments have to worry about this potential scenario playing out. Unfortunately, customers like this create a big headache for establishments that are just trying to manage their business.

Now I'm not saying all of these customers with lawsuits don't have a case. Sometimes it's hard to tell which cases are legit and which ones are simply for a bigger payday.

This latest story of someone suing over hot coffee comes from Hudson County, NJ.

The incident occurred on September 25, 2021.  According to nj.com, "A New Jersey woman has sued a McDonald’s fast-food restaurant in Hudson County, claiming she was severely burned at the drive-through window when hot coffee spilled into her lap."

According to the lawsuit, 34-year-old Karen Azucena Amaya suffered second-degree burns and spent large sums of money on medical care as a result. the hot coffee ended up spilling onto and burning her thigh.

The incident is being blamed on the lid not being properly secured which resulted in the spill. The lawsuit also claims that the spill from the hot coffee resulted in “injuries, both of body and mind.”

Now, I'm not saying the lawsuit isn't legit as I'm sure she has medical documents to back her claim. But at the same time, it's hard not to think of this as just another opportunity for a grand payday.

Similar lawsuits have been filed against fast-food giants regarding the coffee being too hot. On September 19, 2021, a man sued a Dunkin' in Morris Plains because the person serving him in the drive-thru didn't properly secure the lid onto the coffee which resulted in burns.

And both of these lawsuits don't include all the ones that pop up around the country. Something has to be said about that.

One question you have to ask is this. Once the coffee is out of the hands of the employee, is it still their responsibility?

And did the customer properly handle the coffee cup once it was in their possession? Lids will pop off if cups are squeezed and handled a certain way.

But then you have to ask yourself, is it the fault of the establishments serving you or the fault of the cup and lid manufacturer? Perhaps a disclaimer needs to be put at the beginning of the drive-thru lane warning that coffee is hot.

Again, I'm sorry this woman spilled hot coffee onto herself at a McDonald's drive-thru in Hudson County resulting in second-degree burns. I really hope this case gets settled in an appropriate manner.

I just worry that this is going to continue to leave the door open for others who are looking at a huge payday. I mean, anyone can purposefully mishandle a coffee cup to ensure it spills onto them.

Perhaps establishments serving coffee should ask the customer if they'd like an ice cube or two to be dropped in their coffee to allow it to cool more quickly. But then again, that might open the door for them to complain it's watered down.

Or maybe one coffee burner gets left on a lower setting just so there's a cooler option. That way all you do is ask the customer if they want either hot or warm coffee.

But then the customer might sue because the coffee didn't stay hot long enough. It's like a catch-22 for the business establishments.

Yes, some of these cases are legit, but far too many are frivolous. And none of us can be blamed for thinking all of these hot coffee suits aren't anything more but an opportunity for a fantastic payday, with or without burns.

The above post reflects the thoughts and observations of New Jersey 101.5 Sunday morning host Mike Brant. Any opinions expressed are his own.