Generally that’s true. If you have a container that keeps the product hot, that may not be true.
In this instance it sounds like he was using a cup from the establishment. That would cool rather quickly.
Evidently not quickly enough.
I don’t understand this inclination to file a suit over literally anything. This business wasn’t acting in a reckless manner. Accidents happen.
This guy had more than likely been drinking these drinks for a long time. He should know the risks.
Sometimes customers do demand “reckless behavior”. Literally millions of people daily drive up to a window and demand (politely) a cup of near-boiling fluid in a flimsy paper cup which they will casually drink from in a moving vehicle - and some (which when discussing millions is a large number) who will even place it against sensitive body parts in what is obviously reckless behavior. Were McD’s et al to _stop_ serving such hot coffee, customers would be livid by the millions.