Woman Sues Burger King Over Hot Coffee Spill - Drink Spilled In Her Lap Four Years Ago

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[chance33_98]

Woman Sues Burger King Over Hot Coffee Spill

Drink Spilled In Her Lap Four Years Ago Posted: 4:05 p.m. EST December 13, 2002

SPRINGFIELD, Mo. -- An Oklahoma woman isn't just crying over spilled coffee. She is suing Burger King for third-degree burns suffered when the cup lid gave way and dumped the hot liquid in her lap.

Donna Aslanis claims Burger King is negligent for injuries to her legs, thighs, buttocks and genitalia after she spilled coffee purchased in 1998 from a restaurant drive-through window in the central Missouri town of Rolla.

The civil lawsuit filed Dec. 5 in Greene County seeks more than $25,000 for medical expenses and other costs resulting from the burns.

COFFEE TOO HOT? Share Your Thoughts Will She Win Her Lawsuit?

"People think, 'She got burned by a cup of coffee, how bad can it be?"' Aslanis' attorney Steven Paulus said Friday. "But when you look at the pictures, it's God-awful what happened to her."

The lawsuit is similar to one against the McDonald's fast food chain brought by an 82-year-old New Mexico woman, who settled for an undisclosed amount in 1994 after suffering third-degree burns from hot coffee.

In March, a British judge ruled against 36 people who claimed they were scalded by drinks bought at McDonald's. The judge said customers should know that coffee and tea are served hot and can burn them if spilled.

Paulus blamed a defective cup lid for the injuries to Aslanis, who is now 52 and lives in Oklahoma City.

The Burger King Corp., the Springfield-based Swisshelm Group, Dart Container Corp. of Michigan, and Burger King employee "Jane Doe" were named as defendants.

Aslanis was living outside Rolla on Jan. 30, 1998, when she bought two cups of coffee, the petition said. She pulled forward, stopped and turned off her car, and was attempting to pour the coffee into her own plastic container when she was hurt.

"As the plaintiff poured the coffee from the cup, with the lid on and the flap open, the top portion of the lid suddenly gave way, spilling the extremely hot and scalding coffee into her lap," Paulus said in his petition.

In addition to the severe burns, Aslanis also aggravated a pre-existing back and hip condition requiring surgery during her recovery, the suit said.

Paulus said when the flap lid of the cup opens, it fails to form a continuous seal around the cup's rim.

The Burger King employee also failed to warn that the coffee's heat could cause harm if spilled, the suit said.

Kim Miller, a spokeswoman with Burger King's Miami corporate headquarters, said the company had not yet been served with the lawsuit and could not respond to specific allegations.

She said Burger King employees are careful to properly cover cups of hot coffee. The chain also takes steps to ensure customers know the coffee is hot.

"We have the word 'hot' in multiple languages on the cups," Miller said.

[chance33_98]

IT BURNS!!!! Ping.

[MeekOneGOP]

The Burger King employee also failed to warn that the coffee's heat could cause harm if spilled, the suit said.

< snip >

Paulus blamed a defective cup lid for the injuries to Aslanis, who is now 52 and lives in Oklahoma City.

< snip >

"As the plaintiff poured the coffee from the cup, with the lid on and the flap open, the top portion of the lid suddenly gave way, spilling the extremely hot and scalding coffee into her lap," Paulus said in his petition.

For crying out loud. I bet the employee didn't hold the "victims" hand and walk her to the table either, huh? This looks like carelessness by the "victim" to me.

Label this case one for the "copycat" file.....

[Rome2000]

The judge said customers should know that coffee and tea are served hot and can burn them if spilled.

American judges should do the same, but don't.

[GATOR NAVY]

Give me a f**kin' break! You know there's some sleazy lawyer here at work, but if this suit is sucessful, remember it took a jury of 12 morons who bought the arguement.

[TheBattman]

4 YEARS later?

MEthinks this idiot found herself in need of some cash....

[DB]

How is she going to prove it happened at BK at all after nearly 4 years...

[Cvengr]

From now on, Burger King must conduct customer training sessions by taking the fingers of their prospective customers and dipping them into very warm and cold cups of water alternatively, thereby reinforcing the notion of hot vs cold. It's for the chil'ren! /sarcasm off

[leadpenny]

. . . the plaintiff poured the coffee from the cup, with the lid on and the flap open . . .

I'm not a lawyer but I'll play one on FR for a moment.

Ms Aslanis, did you even consider the possibility that the lid and flap were designed for drinking and not for pouring? Well, did you? Yes or No?

[DonQ]

There is a difference (apparently) between this and the famous McDonald's case. McD's was serving its coffee super-heated, approx 50 degrees hotter than it would come out of a home percolator; so hot that even hardened truck drivers had to wait for it to cool down (McD's may have done this deliberately to encourage them to order a meal while they waited for the coffee to cool). Additionally, McD's had already received a raft of complaints and accident reports about other people being scalded by its superhot coffee and yet had done nothing to remedy this situation.

These elements don't seem to occur here.

[csvset]

Jacky Chiles alert.

A balm? What's in a balm? Who said to use a balm?

[Larsen E. Whipsnade]

My only wish is that this had been MORE severe and happened at a much younger age preventing any chance of procreation.

[AEMILIUS PAULUS]

Interesting! The woman buys the coffee. It is handed to her. Thus, she has title and possession. It is hers she owns it, lock, stock and barrel. She then spills it and hurts herself with her own property. She then sues someone else for injuring herself with her own property. Very good only in America 2002 A.D.

[SamAdams76]

Just a few weeks ago, I bought a cup of coffee at Dunkin Donuts and as I tried to open the lid - the kind of lid that allows you to peel part of it back and "notch" it on the lid so it stays open - and a bunch of coffee spilled onto my lap while I was driving. They made the cup too full. I almost drove off the road and slammed into a telephone pole. Furthermore, the $40 tan Dockers that I just spent $3 dry-cleaning was splattered all over with coffee. When I got to work, it looked like I peed in my pants. I also had to clean the coffee around the car seat and steering wheel with napkins. And it hurt! For about 30 seconds, it burned through my pants and into my skin.

But I did not sue. Besides, everybody would have laughed at me. They laughed at me anyway when they saw my pants.

[chance33_98]

Hmm. So you were driving and trying to open coffee at same time. I think you have a case, there is no warning on the cup stating that using that product while driving could possibly in some way maybe perhaps by chance somehow burn you.

[SamAdams76]

Good point. The instructions on the coffee cup clearly did not warn me that I should not be driving and trying to open the coffee lid at the same time. How was I to know?

[chance33_98]

And in a few years you will be able to sue your parents and the schools for your not being smart enough to know better. Your going to be a rich man. I envy the mass of wealth in your future.

[Bernard]

Most employers have some form of test for employees. Perhaps fast-food restuarants should have tests for customers. If the potential customer fails the minimum common-sense test, they are refused sevice.

"No shoes, no shirt, no common sense, no service."

[LRS]

But I did not sue. Besides, everybody would have laughed at me. They laughed at me anyway when they saw my pants.

They should sue you for inducing uncontrolable laughter (and include Dunkin Donuts for pockets deeper than those in a pair of Dockers...hey! Maybe you should sue Dockers for making pants capable of embarrassing coffee stains!!!!!!)

[steveegg]

Look for Dockers to come out with Burn Defender^TM pants in 2003.