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A woman is suing Starbucks alleging she suffered first and second-degree burns from a spilt coffee at a Texas drive-thru earlier this year.
Mary Simms said she was paying for her order when an employee told her she had been handed the wrong coffee at a Starbucks in Tomball, just outside Houston, on April 14.
Simms "stopped her vehicle and handed back the coffee when the lid came off and the coffee spilled on her lap," according to a lawsuit filed in Harris County District Court and as reported by the SouthEast Texas Record. "As a result of the spill, Simms sustained first and second-degree burns causing her severe personal injuries and damages."
The suit alleges Starbucks should have known of the "unreasonably dangerous condition created by the failing lid" and hot coffee, but failed to warn Simms or correct the condition.
Simms is reportedly seeking up to $75,000 in financial damages for injuries received, past and future pain, mental anguish, lost wages, impairment, disfigurement and loss of enjoyment of life, the paper reported.
A Starbucks spokesperson said the company is aware of the lawsuit and is currently investigating Simms' claims.
"We take our responsibility to provide a safe environment seriously, and our partners (employees) take great pride in ensuring our beverages are crafted with care and delivered to customers safely," spokesperson Sara Autio said in a statement provided to McClatchy News.
Autio said all Starbucks beverages "are served at a temperature within industry standards, and our partners take great care to ensure the beverages are safely handed off to the customer."
It's not the first time the coffee giant has come under legal scrutiny.
In 2020, a California man sued the popular chain after he said hot tea spilled on his hands, stomach and pelvic area when the cup overturned on the drive-thru window sill.
In 2016, a Chicago woman filed a lawsuit against Starbucks for $5 million, claiming that it did not deliver the advertised number of fluid ounces in her iced beverage.
"Starbucks' advertising practices are clearly meant to mislead consumers when combined with the standard practice of filling a cold drink cup with far less liquid than the cup can hold," the lawsuit read. "If Starbucks truly intended to provide the amount of fluid ounces in its Cold Drinks that it advertises, there would be simple ways to do so."
Starbucks responded by calling the lawsuit frivolous. "Our customers understand and expect that ice is an essential component of any 'iced' beverage," said a company spokesperson. "If a customer is not satisfied with their beverage preparation, we will gladly remake it."
In 2015, a North Carolina police officer was given a free cup of coffee for his service, proceeded to spill that coffee on himself and filed a lawsuit against Starbucks alleging they were responsible. He did not win the suit.
Newsweek has contacted Starbucks and McCarthy & Associates for comment.
