Latest burn lawsuit comes from a North Jersey McDonald's over hot tea
A Morris County woman is suing McDonald's, saying she was scalded by hot tea last January.
Kenvil resident Stacy Crisman said she was burned when she got tea from the McDonald's on Route 10 East in the Succasunna section of Roxbury. The suit, filed in Morris County Superior Court this week, said an employee failed to secure the lid properly, causing the hot tea to spill into her lap.
The lawsuit also names unknown operators and workers as defendants.
McDonald's press office did not immediately respond for comment.
The suit stated the employees and company were negligent in the "distribution, manufacturing, storage, preparation, inspection and service" of the tea Crisman was served. It also said the employees were not trained and supervised properly because of how the "scalding hot tea" was served.
Howard Lesnik, attorney for Crisman, said they aren't sure how hot the liquid that spilled on his client was but noted they will test tea once discovery starts.
He said this is one of several lawsuits he's handled where a lid has not been properly secured.
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"When the person goes to drink with a lid not secure, the entire contents end up in their lap," Lesnik said. "When they go to take a drink and they don't know the [lid's] not on, that's when the whole cup, it's about 16 ounces, of burning hot liquid ends up in their lap."
According to the lawsuit, Crisman suffered temporary and permanent injuries that prevented her from "performing and engaging in everyday activities," she's lost "enjoyment of life" and suffered economic damages.
Lesnik said his client's burns took about six months to completely heal and she has significant scarring. He said Crisman is following up with a plastic surgeon and dermatologist.
Burn lawsuits are not uncommon, including in North Jersey.
One of the most famous suits was filed in the 1990s by Stella Liebeck. The 79-year-old woman was severely burned in Albuquerque, New Mexico, when her coffee spilled on her, causing third-degree burns on her body. She was in the hospital for eight days, required skin grafts and other treatments and her recovery lasted two years.
Liebeck's suit is often looked upon as the epitome of frivolous lawsuits, as critics say it should have been obvious that the coffee was hot and it was reasonable to assume she would be burned. However, the coffee was found to be excessively hot and burned her severely within three seconds, and there had been hundreds of previous complaints, according to an article from the Museum of Tort Law. It was found to be about 190 degrees when it should typically be about 160 degrees.
Liebeck simply wanted McDonald's to pay her medical expenses, asking to settle out of court for $15,000 to $20,000. The fast food chain only offered her $800.
A jury awarded Liebeck $200,000 in compensatory damages and $2.7 million in punitive damages. However, the trial judge reduced the punitive damages to $480,000, and the two parties later settled for what is believed to be less than $500,000, according to the article.
This article originally appeared on NorthJersey.com: McDonald's Roxbury NJ location sued over burn from hot tea
