Lawsuit against Starbucks....

  1. Has anyone heard about this?
    If you were on the jury, what would you decide?

    A mother and her daughter went through the Starbucks drivethru and ordered a coffee and a hot chocolate. The daughter's age was not stated in the article I read, but she was young enough to be in a child-restraining device.

    The mother was pulling out and handed over the cup of hot chocolate to her daughter, shortly thereafter, the daughter spilled the hot chocolate on herself, the mother heard her daughter screaming, and when pulling off her pants, the skin was blistering up and coming off her daughter's legs and fingers.

    The mother promptly filed a multi-million dollar lawsuit against Starbucks for negligence.

    There is supposedly a law in place where hot beverages are not to be served above a certain temperature...but considering Starbucks makes lattes and hot chocolates with STEAMED milk, there is no way they can comply with that, on the very nature of what they serve.

    My vote? I say it's the mother's fault. Even if the hot chocolate had been too hot....do you think the mother took a big gulp of her own coffee before testing it first? Of course she didn't....how many chlidren do you know that would even think to test it first, and even better, was the child even coordinated enough to hold a hot beverage in a moving car in the first place?

    I don't ever give my daughter anything heated, food or drink, without testing it first.

    READ THE ARTICLE: Child's burns leads to Starbucks lawsuit - AdJab
    Last edit by BSNtobe2009 on Nov 26, '06
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  2. Poll: What would you do if you were on the jury?

    • It's the mother's fault...she should have tested it first

      94.34% 50
    • It's Starbucks fault...they shouldn't serve beverages that hot.

      0% 0
    • It's both their faults...the mother should have tested it and Starbucks shouldn't have served it.

      5.66% 3
    53 Votes
  3. 46 Comments

  4. by   Kelly_the_Great
    I think it's mom's fault. Pretty stupid.
  5. by   Marie_LPN, RN
    It's called "HOT" chocolate, not "tepid" chocolate. Mom's a moron.
  6. by   BSNtobe2009
    The next thing you know Pizza Hut or Papa John's is going to get sued for making sure their pizza is too hot when little junior can't wait and the cheese takes the skin off the roof of his mouth.
  7. by   UM Review RN
    What would a prudent mother have done?

    I guess it's hard to say, but frankly, when I order a hot drink, I want it to be hot.

    When I'm travelling in a car with a toddler, I want something that's non-messy. I would've chosen a cold fruit drink, not hot chocolate. Or hot anything....

    Does Starbucks even have hot chocolate?
  8. by   traumaRUs
    Mom's a moron - Marie's right.
  9. by   texas_lvn
    Quote from Marie_LPN
    It's called "HOT" chocolate, not "tepid" chocolate. Mom's a moron.
    fully agreed.
  10. by   lpnstudentin2010
    o wow dont you love these dumb law suits.
  11. by   SmilingBluEyes
    well gee if MOM is not looking out for her baby, who should? Why should WE shell out for her stupidity (and we will if this wins---prices eventually affected).

    It MAY win----remember that little old lady who spilled hot coffee on herself at McDonalds? It's cause of her case the "careful beverage is hot" label is required now for these types of drinks. If memory serves, this label is on Starbucks' cups/lids as well!!!

    Mom is an idiot. ANY idiot can have kids, that much I know. UGH.
  12. by   EricJRN
    If this lady's lawsuit causes my weekly-ish Starbucks fix (Venti Passion Tea Lemonade and a Toffee Almond Bar) to get any more expensive, I'm going to have to find another vice.
  13. by   CHATSDALE
    anybody can sue anybody for anything...thinking about suing puter maker for making me an addict

    with the money i win i could get me a bigger faster puter
  14. by   WickedRedRN
    *SIGH*

    I saw this on the news, sadly, the moron is from my town.

    I am a Starbucks junkie. My 6 year old daughter doesn't ask for McDonalds, she asks if we can go to Starbucks. She either gets a water, apple juice, chocolate milk or sometimes hot chocolate. I have always asked for the hot chocolate to be just warm, and tested it before she gets it.

    I agree, what a moron. You buy something hot you should assume it is HOT. When getting something hot for children why would you just hand it over to the child?

    I hope the jury tosses this woman out on her butt. Don't take me as heartless, my heart breaks for this poor little girl, the pain and suffering she has had, along with the disfigurement. But this is clearly a neglect/endangerment issue from the mom.
  15. by   leslie :-D
    so much for maternal instinct and its' sequelae.

    leslie

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