Family Sues Ski Resort Over Scalding Hot Chocolate Incident

A family has initiated legal action against Heavenly Mountain Resort in California, alleging that their five-year-old daughter suffered severe burns from a hot chocolate served at the resort. The lawsuit, filed by Brittany Burns and Joshua Moran Burns, claims that during a skiing break, a server at the resort slid a cup of hot chocolate, topped with whipped cream, directly to their daughter without a lid. The complaint states that the beverage was “excessively and unnecessarily hot,” resulting in the liquid spilling into the child's ski suit and causing burns to her chest and abdomen.

The Guardian

The Burns family’s lawsuit asserts that the resort and its staff exhibited negligence by failing to recognize the potential hazards associated with serving hot beverages at such temperatures. According to Roger Dreyer, the family's attorney, the incident occurred two years ago and has left the child with permanent scars. Dreyer emphasized that while skiing inherently involves risks, customers do not expect to receive consumables that are dangerously hot. The lawsuit seeks damages for medical expenses, loss of income, and “loss of enjoyment in life.”

The Guardian

Lawsuits concerning excessively hot drinks are not uncommon in the United States. A notable case involved Starbucks, which was ordered to pay $50 million to a customer injured by a cup of tea. Additionally, a landmark ruling in 1994 against McDonald's set a precedent when Stella Liebeck was awarded over $2.8 million after spilling hot coffee on herself. These cases highlight a growing trend of legal actions related to hot beverages, raising questions about consumer safety and corporate responsibility.

The Guardian

A spokesperson for Vail Resorts, the parent company of Heavenly Mountain Resort, stated that they could not comment on the ongoing litigation. This lack of response underscores the sensitivity surrounding the case and the potential implications for the ski resort industry.

The Guardian

Critics of the lawsuit may argue that skiing inherently involves risks and that customers should exercise caution when consuming hot beverages in such environments. However, the Burns family contends that the specific circumstances of this incident warrant legal action due to the alleged negligence in serving dangerously hot drinks.

The Guardian

As the lawsuit progresses, it will likely draw attention to safety standards in the food and beverage industry, particularly in recreational settings like ski resorts. The outcome may influence how similar cases are handled in the future, potentially leading to changes in how hot beverages are served to ensure consumer safety.

The Guardian