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Issue link: http://freshcup.epubxp.com/i/139019
cases vary. Some have involved employees who spilled coffee on a customer, some concern lids that were improperly placed on a take-away cup and in others customers have spilled hot coffee on themselves. There have been large awards and settlements against coffee retailers in some of these lawsuits, demonstrating that coffee spills can still generate significant damage awards and settlement payments for retailers and their insurers. In addition, it is certainly conceivable that a court might find that a jury (rather than a judge) should decide whether the national standards for brewing and holding coffee create beverages that are "unreasonably dangerous." If that happened, it could encourage other courts to reach the same conclusion. Because juries would be more easily swayed, that might well result in an increased number of settlements or judgments in favor of coffee spill plaintiffs. Thus, care needs to be taken to raise legal defenses on behalf of the coffee industry and to defend the court decisions regarding those defenses already on the books every time they surface. What can coffee retailers do to lower their risk of being the target of a hot-coffee-spill case? Here are some practical suggestions: Training and education: All staff members should be sensitized to the fact that hot beverages can cause very serious injuries. Employees should be specifically trained on the proper placement of lids on cups, sleeves on cups and cups in carrying trays. Brewing procedures: Make sure that brewing techniques conform to the national standards and that machines receive proper maintenance to avoid overheating coffee. 'Caution' labels: Warnings such as "Caution: Hot" should be distinct and placed where they can be seen on the cup, lid and sleeve. Adequate insurance coverage: Check with an insurance broker on what coverage levels are needed and make sure that your policy has not lapsed. Accident response: If a customer is injured by hot coffee, assist in getting medical attention, secure evidence (such as the cup, lid, tray and brewing records), and then contact your insurance carrier and lawyer. None of these steps will guarantee a good outcome in court, but they will raise your chances of being protected and will help ensure that your customers safely enjoy their hot beverages. Coffee retailers have a common interest in defending the national brewing and holding temperatures from legal challenges. The 20th anniversary of the McDonald's case is an appropriate moment to take stock, share best practices (both for the industry and its lawyers) and make sure that a case that has become somewhat of a laughingstock never has a chance to become something far more serious. The views expressed are solely those of the author, and not those of the Gray Plant Mooty law firm (where he is employed) or any of the firm's clients. freshcup.com July 2013 47