Michael Garcia, a delivery driver, has been awarded $50 million in a negligence lawsuit against Starbucks after he suffered serious burns from a hot drink.
Newsweek has reached out to Garcia’s attorney outside of regular working hours via email for comment.
Why It Matters
A number of U.S. establishments have faced high-profile lawsuits over customer burns. In the 1990s, a 79-year-old woman was awarded a sum of nearly $3 million for burns she suffered in an incident involving a cup of McDonald’s coffee. Earlier this year, Bill Miller Bar-B-Q were ordered to pay $2.8 million after Genesis Monita, 19, suffered second-degree burns from its barbecue sauce.
What To Know
Garcia was working as a delivery driver for Postmates when the incident occurred. He was collecting three venti-sized hot teas at a Starbucks drive-thru. “The barista working the window negligently failed to properly ‘seat’ or ‘secure’ one of the hot drinks into a drink carrier,” said Garcia’s attorney from Trial Lawyers for Justice.
The attorney added that this caused the drink to “immediately” fall into Garcia’s lap, and caused him “third-degree burns to his penis, groin and inner thighs.”
“After a hospitalization and multiple skin grafts, Michael has lived for five years with the disfigurement, pain, dysfunction and psychological harm caused by the burns,” the statement read.
The legal team also said in its statement that Starbucks had initially offered a settlement of $30 million but wanted confidentiality. The attorneys refused this and said that they would settle for $30 million, without confidentiality, if Starbucks agreed to both policy changes to prevent a similar incident from happening again.
Starbucks has disputed the verdict, and the Seattle-based coffee chain also said that it was committed to the “highest safety standards” in the handling of its hot drinks.
What People Are Saying
Jaci Anderson, Starbucks’ director of corporate communications, shared the following statement with Newsweek over email: “We sympathize with Mr. Garcia, but we disagree with the jury’s decision that we were at fault for this incident and believe the damages awarded to be excessive. We plan to appeal. We have always been committed to the highest safety standards in our stores, including the handling of hot drinks.”
Trial Lawyers for Justice said in a statement shared on its Instagram: “Starbucks Corporation consistently denied responsibility for five years, all the way up to and through trial, and attempted to escape responsibility. The trial was a perfect example of frivolous defenses and victim-blaming … We are proud of Michael for standing up for himself and having the courage to tell his story.”
What Happens Next
Starbucks has said that it sympathizes with Garcia, but plans to appeal. Whether or not that process will be successful, and what the implications may be, remain to be seen.
View the entire article at Newsweek
