Can I sue if the top of my hot tea from am pm popped off and burned me in my car car and left 2nd degree burns and an infection?
3 attorney answers
I will add... if this AM/PM is like most convenience stores, would this be self serve? I’d ask who actually put the lid on? If it was you, how would they be liable?
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Anyone can sue anyone for anything. But, you would be entitled to recover compensation for burns if you could prove that the coffee was excessively heated; without researching this I recall that a famous McDonald's claim involved 3rd degree burns from superheated water. You have an affirmative duty to avoid infection; you'd need expert medical opinion somehow pinning the infection on the burns. You'd need expert technical opinion that the lids/cups are defective or at least that yours were. For mere 2nd degree burns you can assume that no lawyer would take your case, but that you could sue in Small Claims Court.
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