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Can I sue Safeway?

Portland, OR |

Last week I went to Safeway for lunch to get soup and got second degree burns. As I was pouring my soup my friend bumped me and I spilt soup on my hand. The soup was really hot and when I wiped it off with a napkin it took a layer of skin off. So my friend and I went down the medical aisle to see if they had any burn cream, they didn't. So we went to the pharmacy to see if they had anything for burns and they didn't have anything. So the pharmacist took,me too the front counter. When the lady at the counter saw my hand she looked through the first aid kit for burn cream and there was none, the deli didn't have any in their first aid kit either. All they gave me was ice. The temp of the soup at the top was 155 degrees and the top and 200 at the bottom, which is where I scooped from.

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Attorney answers 4

Posted

Without actual medical treatment by a health care provider of some variety no claim meriting the effort. Sorry to hear of your horrible experience. Here's the answer to "can I sue?"

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Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Asker

Posted

I did go to the doctor, that's how I knew I have second degree burns

Posted

You might have a claim, although it may be a small one.
It may be tough to prove liability. To get there, your injuries may not be severe enough to warrant a lawsuit.
But talk to a local lawyer and get some good advice.

Posted

You CAN sue Safeway, but from what you said I think you would have a very difficult time winning. In fact, you might have a better chance of winning if you sued your friend for negligently bumping you.

Soup is supposed to be hot. An expert food scientist could tell you whether 155 - 200 degrees is unusual for soup. But, from my personal cooking experience, I am very unsurprised that soup would be maintained at this temperature. I doubt I would want to buy deli soup at a LOWER temperature, unless it was some sort of cold soup like Vichyssoise or Gaspacho...

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Posted

It would be best to meet with a competent attorney to discuss the different issues raised by the facts you mentioned. From the facts you mentioned, it seems as though you have a better chance prevailing in a suit against your friend who bumped you. I would recommend meeting with an attorney, because even if you prevail against Safeway, Safeway may then bring a suit to recover against your friend who may be jointly and severally liable. Stated differently, bringing suit against Safeway may expose your friend to liability. Hope that helps.

This answer should not be used as a final ruling on your case as more facts are needed to fully understand and expound upon your legal inquiry. This answer should be used a short introduction to the legal theories that may apply.