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Hot Chocolate Burnt Daughter; Mom Sues Starbucks  
User currently offlineJimyvr From , joined Dec 1969, posts, RR:
Posted (7 years 10 months 1 week 1 day 9 hours ago) and read 4301 times:

http://www.indystar.com/apps/pbcs.dll/article?AID=2006611160497

Quote:
A Hancock County couple have filed a lawsuit against Starbucks, accusing a Fishers store of serving scalding hot chocolate that seriously burned their little girl.

Michael and Alexis Brennan filed the suit Tuesday in Marion Superior Court on behalf of their daughter, Rachel........

......Brennan ordered a child's hot chocolate with whipped cream and an adult hot chocolate without whipped cream at the drive-through. According to the lawsuit, Starbucks' policy is to serve child drinks at lower temperature than adult drinks to avoid kids getting burned.

Brennan handed her daughter the child drink, and as she pulled away from the window, it spilled into Rachel's lap......


95 replies: All unread, showing first 25:
 
User currently offlineIFEMaster From , joined Dec 1969, posts, RR:
Reply 1, posted (7 years 10 months 1 week 1 day 8 hours ago) and read 4280 times:

Absolutely ridiculous. Especially because Starbucks are watertight on this (my wife works for them). Every cup has the words "Careful, the beverage you are about to enjoy is extremely hot" printed on it. The woman is an absolute idiot and discredit the gene pool. She stands no chance.

User currently offlinePlymSpotter From Spain, joined Jun 2004, 11655 posts, RR: 60
Reply 2, posted (7 years 10 months 1 week 1 day 8 hours ago) and read 4259 times:

Quoting Jimyvr (Thread starter):
Brennan handed her daughter the child drink, and as she pulled away from the window, it spilled into Rachel's lap......

I know I'm approaching this with an ounce of comon sense, but what in hells name is she doing handing her child something which is likely to be very hot and could potentially be dangerous, then driving away so that she is not able to keep a close eye on what her daughter is doing. It would though help to know just how old the girl was.

Dan Smile



...love is just a camouflage for what resembles rage again...
User currently offlineCadet57 From United States of America, joined Jul 2005, 9085 posts, RR: 30
Reply 3, posted (7 years 10 months 1 week 1 day 8 hours ago) and read 4248 times:

Quoting Source:
skin on Rachel's leg was falling off of her.

Umm. This I highly doubt. What place makes a beverage that hot that it burns skin off. Furthermore, that would mean it would have to burn thru whatever article of clothing she was wearing. Im assuming since it was a hot chocolate it was cooler out and so she was wearing pants. So basicly this hot chocolate was so, well, hot that it burned thru pants and into her skin... Im sorry but im calling    on this one. Ive spilt a venti latte on me before, and othern then a hot feeling the second I did it and a pissy milk smell in my car after I was ok...

[Edited 2006-11-17 22:05:25]

[Edited 2006-11-17 22:06:05 Because I cant quote right]

[Edited 2006-11-17 22:06:45]


Doors open, right hand side, next stop is Springfield.
User currently offlineGoldenshield From United States of America, joined Jan 2001, 6037 posts, RR: 14
Reply 4, posted (7 years 10 months 1 week 1 day 8 hours ago) and read 4223 times:

Quoting Cadet57 (Reply 3):
[quote:Source]"skin on Rachel's leg was falling off of her."

[/quote]

Stick a fork in her, that kid's ready to be served!



Two all beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun.
User currently offlineFuturecaptain From , joined Dec 1969, posts, RR:
Reply 5, posted (7 years 10 months 1 week 1 day 8 hours ago) and read 4201 times:

The sad thing is these parents will probably win and be rewarded for their stupidity.

I hurt my finger typing a message on a.net and my eyes are bad from staring at my computer screen....can I sue?


User currently offlineSrbmod From , joined Dec 1969, posts, RR:
Reply 6, posted (7 years 10 months 1 week 1 day 8 hours ago) and read 4191 times:

Maybe she should have ordered a Lukewarm Chocolate instead..........

I too must raise the  redflag  on this woman's claim of "skin on Rachel's leg was falling off of her." Per the Starbuck's website, their hot chocolate is made with steamed milk. When steaming milk, the temperature of the milk will be somewhere in the neighborhood of 150F, +/- a few degrees, or at most 165F, as milk starts to scald at 175F. By comparison, the hot water from a coffee brewer comes out at between 195-205F. I've spilled hot water from a machine on my hand and the worst thing that has happened is a minor scald that hurts for a little bit.


User currently offlineLegoguy From United Kingdom, joined Jun 2006, 3313 posts, RR: 39
Reply 7, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4176 times:

What a complete waste of tax payers money. This is such a pile of crap. People will do anything for money these days.

If Starbucks had served the childs drink at a lower temperature, they'd probally be getting sued for not making the cup warm enough.



Can you say 'Beer Can' without sounding like a Jamaican saying 'Bacon'?
User currently offlineCadet57 From United States of America, joined Jul 2005, 9085 posts, RR: 30
Reply 8, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4162 times:

Quoting Legoguy (Reply 7):
ey'd probally be getting sued for not making the cup warm enough.

Im going to order an Iced Frappachino and sue for frostbite when I spill it on me.  Wink



Doors open, right hand side, next stop is Springfield.
User currently offlineLeonB1985 From , joined Dec 1969, posts, RR:
Reply 9, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4150 times:

I'd think drive-through Starbucks would be a recipe for disaster in terms of drink spillage. I think the daugher should sue her mother for stupidity and behaving irresponsibly - handing a child a hot/warm drink in a car, driving off, then complaining that the child gets burned... *tuts*

User currently offlineOB1504 From United States of America, joined Jul 2004, 3354 posts, RR: 6
Reply 10, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4140 times:

Quoting IFEMaster (Reply 1):
Every cup has the words "Careful, the beverage you are about to enjoy is extremely hot" printed on it.

As if that wasn't enough, the name "Hot Chocolate" should at least imply that the beverage is going to be hot.

Quoting Srbmod (Reply 6):
Per the Starbuck's website, their hot chocolate is made with steamed milk. When steaming milk, the temperature of the milk will be somewhere in the neighborhood of 150F, +/- a few degrees, or at most 165F, as milk starts to scald at 175F. By comparison, the hot water from a coffee brewer comes out at between 195-205F. I've spilled hot water from a machine on my hand and the worst thing that has happened is a minor scald that hurts for a little bit.

I once spilled some steamed milk on my leg a few months ago (don't ask why I was drinking some in a Florida summer), and nothing really happened aside from the fact that my jeans just felt really hot and I jumped up and let out some expletives.


User currently offlineNkops From United States of America, joined Jun 2005, 2665 posts, RR: 6
Reply 11, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4137 times:

Quoting Jimyvr (Thread starter):
A Hancock County couple have filed a lawsuit against Starbucks, accusing a Fishers store of serving scalding hot chocolate that seriously burned their little girl.

This brings back the whole McDonalds case when the lady spilled coffee on herself, then sued (and I believe won) McDonalds because it was hot.
Anything for easy money... watch as these stupid parents get rewarded!!

Quoting Cadet57 (Reply 8):
Im going to order an Iced Frappachino and sue for frostbite when I spill it on me.

"That would be like me suing Hustler for carpal tunnel"- Larry the Cable Guy



I have no association with Spirit Airlines
User currently offlineGoldenshield From United States of America, joined Jan 2001, 6037 posts, RR: 14
Reply 12, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4133 times:

Quoting LeonB1985 (Reply 9):
I'd think drive-through Starbucks would be a recipe for disaster in terms of drink spillage. I think the daugher should sue her mother for stupidity and behaving irresponsibly - handing a child a hot/warm drink in a car, driving off, then complaining that the child gets burned... *tuts*

There are several things that don't make sense here:

1) Mother is driving.

2) Child is is back seat, in a booster seat, which means that the child is most likely under the age of 6, and knowing that children in that age range aren't exactly the most nimble when it comes to handling drinks, a spill will happen.

3) Was the child holding the drink between her legs? Where are the cup holders?



Two all beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun.
User currently offlineCadet57 From United States of America, joined Jul 2005, 9085 posts, RR: 30
Reply 13, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4131 times:

Quoting OB1504 (Reply 10):
he name "Hot Chocolate" should at least imply that the beverage is going to be hot.

It should, but alas, this is america and we are a bunch or ass backwards lawsuit happy freaks...

Quoting Nkops (Reply 11):
That would be like me suing Hustler for carpal tunnel"- Larry the Cable Guy

What? No meal? I paid 99p for this ticket! Im suing Ryanair!



Doors open, right hand side, next stop is Springfield.
User currently offlineEWRCabincrew From United States of America, joined May 2006, 5523 posts, RR: 56
Reply 14, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4131 times:

I read the article. The age of the child was not given, but the child was in a child restraint seat.

What moronic mother gives a child in a child restraint seat a hot beverage while she is driving? Where is CPS (Child Protective Services) with this? Why isn't the mother being charged with neglect?

You can't cure stupid.



You can't cure stupid
User currently offlineGarnetpalmetto From United States of America, joined Oct 2003, 5395 posts, RR: 52
Reply 15, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4124 times:

Quoting Nkops (Reply 11):
This brings back the whole McDonalds case when the lady spilled coffee on herself, then sued (and I believe won) McDonalds because it was hot.

Yeah, NKops - it was hot enough that it caused 3rd degree burns to her legs, thighs, genitals, and perineum. She asked McDonalds to recoup her medicals and they flat out said no, so I can't blame her for sueing.



South Carolina - too small to be its own country, too big to be a mental asylum.
User currently offlineCadet57 From United States of America, joined Jul 2005, 9085 posts, RR: 30
Reply 16, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4119 times:

Quoting Garnetpalmetto (Reply 15):

I think the McD's case was different becasue it was found that they did brew the coffee too hot and as a resutlt had to change that.



Doors open, right hand side, next stop is Springfield.
User currently offlineNkops From United States of America, joined Jun 2005, 2665 posts, RR: 6
Reply 17, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4110 times:

Quoting Cadet57 (Reply 16):
I think the McD's case was different becasue it was found that they did brew the coffee too hot and as a resutlt had to change that.

I did not know that.. thank you!!



I have no association with Spirit Airlines
User currently offlineSrbmod From , joined Dec 1969, posts, RR:
Reply 18, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4107 times:

Quoting Garnetpalmetto (Reply 15):
Yeah, NKops - it was hot enough that it caused 3rd degree burns to her legs, thighs, genitals, and perineum. She asked McDonalds to recoup her medicals and they flat out said no, so I can't blame her for sueing.

I still call a  redflag  on this one as well. That coffee would have had to have been boiling in order to give a person 3rd degree burns. There is not a coffee maker out there (commercial or household) that heats water that hot. And unless the pot of coffee was on a stove, it's close to impossible to boil anything on a coffee burner.


User currently offlineEWRCabincrew From United States of America, joined May 2006, 5523 posts, RR: 56
Reply 19, posted (7 years 10 months 1 week 1 day 7 hours ago) and read 4097 times:

Do you really give a child in a child restraint seat in a backseat while you are driving, a hot beverage with a warning about the contents of the contained beverage on the container that the adult is responsible for?

Freakin' idiots out there. Why do some people need to gravitate towards lawsuits as a way of dealing with their own stupidity.

The mother should just say, "I f***ed up and gave my child a hot beverage and I shouldn't have." Let the mother deal with her guilt of her child's burns (because of her stupidity and thoughtlessness) as opposed to potential litigation.

You can't cure stupid.



You can't cure stupid
User currently offlineJaysit From , joined Dec 1969, posts, RR:
Reply 20, posted (7 years 10 months 1 week 1 day 6 hours ago) and read 4077 times:

Well, at least its GOOD hot chocolate!!!

This case will be dismissed in no time. The mother is an irresponsible twat. I bet she's a big fat cow too, who has no business drinking a 500 calorie fat-laden drink.

Remember the McD's case about 10 years ago? Initially, the jury awarded the scalded woman tens of millions of dollars, an award that was reduced by the judge to only about $ 100 K.

Quoting Legoguy (Reply 7):
What a complete waste of tax payers money.

How is this frivolous lawsuit a waste of taxpayers money? Even if this woman won, the taxpayer would be unaffected.


User currently offlineCadet57 From United States of America, joined Jul 2005, 9085 posts, RR: 30
Reply 21, posted (7 years 10 months 1 week 1 day 6 hours ago) and read 4070 times:

Quoting Jaysit (Reply 20):
How is this frivolous lawsuit a waste of taxpayers money?

Well if it goes to court. Courts are tax payer funded...



Doors open, right hand side, next stop is Springfield.
User currently offlineYYZflyer From Canada, joined Feb 2006, 3643 posts, RR: 4
Reply 22, posted (7 years 10 months 1 week 1 day 6 hours ago) and read 4054 times:

The mother must have been very irresponsible to give a hot drink to a child in a child restraint seat.  redflag   redflag  This would happen only in the U.S.  Yeah sure

I hope Starbucks wins. People are just finding easy ways to get money.



Avoid hangovers, stay drunk.
User currently offlineCadet57 From United States of America, joined Jul 2005, 9085 posts, RR: 30
Reply 23, posted (7 years 10 months 1 week 1 day 6 hours ago) and read 4051 times:

Quoting YYZflyer (Reply 22):
People are just finding easy ways to get money

Well this IS the holiday season now. Im sure she must have so much useless shit to buy for the kiddies that she needs some cash...



Doors open, right hand side, next stop is Springfield.
User currently offlineEWRCabincrew From United States of America, joined May 2006, 5523 posts, RR: 56
Reply 24, posted (7 years 10 months 1 week 1 day 6 hours ago) and read 4043 times:

Quoting YYZflyer (Reply 22):
This would happen only in the U.S.

At least 90% of the time. Someone else has to fill in for when someone in the US doesn't.

But agreed, nonetheless.



You can't cure stupid
25 Jaysit : Good point. However, such cases are often deemed to be frivolous, and are often dismissed before trial. Moreover, both US federal and state laws proh
26 OB1504 : I think that the "You're old; you don't need your genitals, anyway!" attitude that McDonald's adopted toward the lady who burned herself with the hott
27 N231YE : Consensus? The mother is too stupid to have/deserve children... This waste of docket space for a *freaken' frivolous lawsuit is what crowds out availa
28 Legoguy : I certainly hope so in this case.
29 Bushpilot : Unfortunatley Starbucks will probably end up settling out of court to actually save money defending itself in any potential lawsuit unless a judge thr
30 Post contains images ATAIndy : Oh CRAP!!! I live two county's away from her, I need to high tail it out of here! Stupid people are funny. Yeah someday I want to sue lawsuits for th
31 Post contains images FlyingTexan : I'll throw a couple of these in too. What are these parents teaching their kids? Sue Starbucks - what kind of message does that teach the kid? My dad
32 Kiramakora : I have no idea why I find this so funny.
33 Jimyvr : According to the people who posted their comment on the news website, the McDonald's thing was due to the designing flaws of the cup.
34 Post contains images Cfalk : on the first part, but as the McDonalds suit proved, people can still win lawsuits even when they showed (what I feel is) gross neglect. And not only
35 Post contains images Ajd1992 : Take the warnings off everything, let the problem solve its self
36 Galapagapop : True, but thanks to the media circus behind it, now that she won (and rightfully so to a degree) now people think they are not liable for spilling so
37 CXA330300 : While I do feel sorry for the little girl, the case itself screams its the womans fault. Simply science: the hot drink spilled not due to its temperat
38 SATX : Wow, all the tort reform fanboys are already calling the verdict and claiming that it's all nothing but bogus nonsense, even though we only have a ver
39 Boston92 : Yeah, if it was homemade, then who would you sue? Nestle? Foldgers?
40 Halls120 : Unfortunately, being stupid isn't illegal. What kind of idiot parent hands a child who is sitting in a child restraint seat ANYTHING that is other th
41 SATX : She put the cup between her legs in a parked car to add cream and sugar. I don't know about you, but I've done the same thing a hundred times and nev
42 Dougloid : This subject came up in one of my classes so I took my lab grade Fluke digital thermometer and put it under the discharge spout of my Gevalia coffee
43 Cfalk : Call me crazy, but if I want to make sure I don't spill, I would sit down at a table. Since when is the driver's seat of a car supposed to be a dinin
44 SATX : Most people, including myself, probably didn't know a cup of McDonald's coffee was so hot it could cause 3rd degree burns if spilled. Also, she wasn'
45 Cfalk : She was entirely at fault because she chose of her own free will to stir up her coffee in an inappropriate place. Sticking a hot liquid between your
46 SATX : So we went from general ignorance to sour grapes in a matter of a single post? Is there some reason you can't make the coffee yourself, or pour it in
47 Jwenting : They found that, despite conclusive evidence presented in court that the coffee was no hotter than coffee you get anywhere else... Go figure, the jur
48 Cfalk : Is there some reason that that woman is incapable of drinking her coffee in a safe place? If that logic is good enough for me it should be good enoug
49 Halls120 : My car has drink holders. That is where I add sugar to my coffee if I buy it at a drive through. I would never use the seat between my legs to add cr
50 Airlinelover : Actually, the basis of the lawsuit was that there was no warning on the cup that the coffee was hot. After that, McD's started putting 'HOT" warnings
51 SATX : Is it just me, or do you almost always seem to take the corporate side of nearly every issue over the consumer? Just an honest question, nothing more
52 Nancy : When I get a drink I expect to be able to put in my mouth. I don't think that's an irresponsible use of a beverage. If it's capable of causing 2nd or
53 SATX : Actually, they LOWERED THE TEMPERATURE and then added warnings on the cups. How did you manage to miss that? There were several potential ways for Mc
54 Agill : Well the mom has at least showed that she is an extremely bad parent. Who in the right mind would give a child a hot drink to drink by itself in the b
55 SATX : What about the parents who punish their children by putting anti-bacterial soap in their kids' mouths? How about the parents who give their young chi
56 Post contains links Srbmod : http://www.ncausa.org/i4a/pages/index.cfm?pageid=71 http://coffeefaq.com/site/node/26 http://www.bunnomatic.com/retail/dos_donts.html Home coffee mak
57 DeltaGator : Strangely enough the stars have somewhat aligned and SATX and I agree to a point on something. I'll call folks out for having double standards when i
58 JAGflyer : The woman is to blame due to the fact that she gave the HOT beverage to the TODDLER (yes, still in a car seat is a TODDLER) and then drove away. I can
59 Post contains images Adopim88 : Another interesting tidbit, and I don't know if it's country wide, but here in MN, they started putting the cream and sugar in the coffee for you...a
60 Srbmod : Which is why I would always tell them to leave room for cream (Although 99% of the time I would still have to pour some out because they still practi
61 Post contains images Cfalk : I could ask the reverse of you. Are you one of those people who think that a little redistribution from evil rich corporations and poor people is a g
62 DeltaGator : I understand you and I do agree that it takes boiling water to make coffee but it doesn't need to be served that hot. The thing that got McD's in trou
63 Post contains images Halls120 : Was the coffee too hot? Yes. But if the woman hadn't put the hot coffee cup in her lap, but in a drink holder where it belongs, she wouldn't have bee
64 Walter747 : not starbucks falt its the mothers fault for handing her the drink and speeding out of the drive through. if she pulled out slowly it wouldn't have s
65 Iamcanadian : But the woman's argument is that since it was a "child" size drink, Starbucks was supposed to make the drink (significantly?) cooler than a regular s
66 Walter747 : wat did she do sip her drink then lick her daughter. she doesn't know that if it was made cooler or the same because it spilled all over her daughter
67 Cfalk : Note the words '"child" size drink' I don't see anything saying 'child temperature' "I see dumb people. I see dump people everywhere."
68 Walter747 : there is no child specific drink. the sizes are tall, grande, and venti. the only way to tell is if they are actually in the store they would see the
69 Iamcanadian : From the article: Both of these are from the article, and from what I can see, it was "clear" that it was a CHILD'S drink, regardless of the "actual"
70 Halls120 : How did mom know the drink wasn't as cool as it was "supposed" to be? Oh, that's right, she just handed the cup to the kid without checking too see i
71 Walter747 : have you ever been to starbucks. they dont have child sizes. its just small, medium, and large. its just publicity for the parents.
72 Iamcanadian : Yes. Yes, I know they only have the "small", "medium", and "large" sizes, but in the article, it mentions it is Starbucks' policy to serve CHILD drin
73 Walter747 : how is the barista suppose to know if it is a child having the drink? we don't know how the mom ordered it. she could've said small or child. if she
74 SATX : I don't view corporations as evil, but they are obviously in the business of making money above all else. Corporate charters ensure that the bottom l
75 Halls120 : If mom knew it was too hot for a child's drink, why did she give it to her child?
76 Iamcanadian : So don't speculate then. I'm just taking my facts from what was published in a bunch of newspapers. You can't just come to a conclusion like... This
77 Walter747 : exactly
78 Srbmod : Unless you're using a percolator, a moka pot or a French Press, boiling water does not fit into the equation. The heating elements used in the tanks
79 Iamcanadian : Okay...so now you're accepting the fact that the woman DID say child drink, but it was a MISTAKE on Starbucks' part? I'm confused now..
80 Walter747 : No i think she didnt say childs drink and since they were in the drive-thru the barista couldnt tell if it was for a child. i dont think it was satr
81 Iamcanadian : Based on flawed logic. The barista gets comprehensive orders on all aspects of the actual drink. We don't know what was actually ordered, so we can't
82 Walter747 : i do but its still hot. it all depends on how the mother ordered the drink. which we dont know.
83 ORD2pm : Dumb? You dont know if she was well familiar with her local Starbucks and its SOP. Maybe shes got good knowledge about the American legal system and
84 Walter747 : shes just trying to milk the system. like ORD2pm said she just wants to secure her kids future.
85 Cfalk : Good point. Either she's an idiot or a leech. Maybe she set up the whole thing on purpose? Maybe she made sure that the drink would be spilt. Before
86 SATX : This, my friends, is called jumping to conclusions.
87 Halls120 : If she handed the drink to her child 1) without testing it to make sure it wasn't too hot, 2) ensured that the lid couldn't come off while the car wa
88 Post contains images KaiGywer : Common sense dictates that coffee is hot. Unless you are making ice coffee of course. Don't forget to sue the water company. If they hadn't put water
89 Post contains images Cfalk : No, this is called speculation. There are sick people out there. Just because you can't imagine doing this yourself doesn't mean someone else will ev
90 KaiGywer : Damn it...now I want a White Chocolate Mocha Frappucino. I had one in DC for the first time...I didn't care that it was cold and rainy out..lol The Pe
91 Dougloid : That's why there are such things as Thermos bottles. The case of Stella Liebeck is also a homily on corporate hubris of the worst kind. Despite havin
92 Post contains images Scbriml : So, using your "logic", there's absolutely no way that Starbucks might have screwed up and served an "adult temperature" one by mistake? I have no id
93 SATX : True, but lets wait to see some actual evidence of this before we jump off the cliff. Actually, she was only asking for less than $20,000 in medical
94 Iamcanadian : My "logic" you refer to (being basic sentential logic) is only implying that the way Walter747 argued his point was invalid. You cannot analyze a con
95 Srbmod : Once again, you are incorrect, coffee makers DO NOT come close to boiling the water. 7-12 degrees from the boiling point of water is not close to boi
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