Starbucks customer says he was scalded by tea when the cup lid came off

When Anthony Couso, 45, went to pick up his cup, the top wasn't on correctly and came off, says his lawyer. Couso suffered third-degree burns to his hand and needed treatment. The lawyer adds: "If the tea spills out and burns you, it's for two reasons: the lid isn't on properly, or the tea is too hot. ... If the beverage was hot enough to cause third-degree burns on Mr. Couso, it was too hot." (NorthJersey.com)

Comments

[Rich Lafferty]

Someone's confused. Might be me.

Tea is made with boiling water. "Boiling" is that point at which the water can't get any hotter at atmospheric pressure. So if you order tea, you have to expect a cup of the hottest water possible, and it might be worth watching that lid carefully.

[happymanager]

Not to mention, the cup clearly states, the drink is extremely hot. Stupidity is not an excuse to sue.

considering how defective lids can be I kind of doubt that it wasn't on correctly and rather that it was just a shitty lid.

[FromTheRough]

The solution : Starbucks and all stores selling hot beverages need to include heat gloves with purchase. In addition, cold beverages should include a winter mitten to protect the fingers. This should put an end to these type of "clog the legal system" lawsuits and add an additional area for add space.

[happymanager]

Thank you. You have no idea how many people whine that the iced cups are cold. Are they F'n kidding me. Spoied bunch of pampered, soy drinking, my coffee is too hot, my frappuccino is too cold, bitches.

i cant even tell you how many times hot coffee has landed on me in a work day, or water from the hot water spigot. usually during a rush - so i have to run cool water over for a sec and get right back to spins. i have never had to get medical care because of it. maybe some burn gel for a minute.

[atownsbuxrules]

Hmm. I spill boiling water on myself at least once a week while preparing tea for guys like this, I should sue too!
*eye roll*

I've never ever suffered a THIRD degree burn, and I've been burned with water DIRECTLY from the spigot, that guy is full of it.

I'd like to see his extensive scarring and charred skin. Sounds like BS to me.

[islandbarista]

Well... ive have been burned many times and the only thing i do about it is say 'ouch'. I've actually spilled coffee on one of my co-workers (didnt mean to). During a rush I'm behind the bar and she goes to hand off two grande C.O.D. I hit her hands on accident and the coffee goes into her eyes. She was fine! There were some tears but she didn't sue. (oh and by the way she was my best friend so it wasnt an 'i'll get you back!(evil laughing)'

"Thank you. You have no idea how many people whine that the iced cups are cold. Are they F'n kidding me. Spoied bunch of pampered, soy drinking, my coffee is too hot, my frappuccino is too cold, bitches."

Exactly what I'm talking about. All these Fivebucks employees get on here talking about how great the "experience" is for the customer, only to turn around and call them names because they had something spilled on them. That's a wonderful experience! I bet it was worth the money he spent (probably close to five bucks) to have a faulty lid come off his/her drink and scald him - and then be insulted about it on a website frequented by a bunch of know it all snob coffee pourers. Oh and if somebody complains because their drink is cold on their hands, why don't you give them something to put it around it - or is your company too cheap to do that as well? Typical corporation - wants to get as much money as possible without spending it. WAY TO GO FIVEBUCKS!

[scottshift]

nice rant there..um..oh yeah not brave enough for a name....do you actually know anything of what you said?..its appearent that you do not.

[Pat Nerr]

I'm sorry but when you buy something hot, you run the risk of getting burned. So until they make a law requiring companies to have "drinkers comp"... stop the frivolous lawsuits! Jeeze... Should we sue Pizza Hut for cheese burns next?

No, I think you should stop calling your customers snobby bitches though.

Oh, and talk about bravery, to the person who called the customers snobby bitches, why don't you state the city/address of the one you work at?

Sorry, that was "spoiled bitches" not snobby ones.

We just call it like we see it. Sometimes customers are spoiled bitches. Sometimes they are not.

[Barista Bryan]

"Oh, and talk about bravery, to the person who called the customers snobby bitches, why don't you state the city/address of the one you work at?"

Good point. Someone with that attitude should get the shaft.

Back to topic. I concur with many of the comments here. I have poured water directly from the spigot and only got a first degree burn (reddening from the skin). In order for someone to get a third degree burn (charring of skin so deep you're into muscle tissue. And I mean charring as in black, turned to ash.) you would have to literaly soak your hand in this water. But, people have sued for lamer things (like the guy that sued the prison system for allowing aliens to put a radio receiver in his head without his permission so they could transmit to him from outerspace. He lost the case, by the way.).

Like someone said, "First, we drop all the lawyers into the bottom of the ocean..."

Oh. Well I like to call it how I see it and that seems like an odd "experience" to me. You know about the "experience", don't you? That's why people supposedly go to your store. Isn't that what I've been reading here in between the customer insults?

[Cope]

I would never think to sue for all the reasons listed above, but I will say the lids at Starbucks are kind of shoddy. I'm more likely to have a lid mis-applied there than at any other coffee store I go to. Usually results in a few drops spilling on my hadn with the first sip, but I get over it.

[seventysix [76]]

Well, I wish I could say the water for tea could come in more than one temperature... but it can't. Sorry, buddy. Starbucks has their bases covered.

The cup does say "extremely hot." Come on now. Common sense... not so common.

seventysix [76]
HAUD IGNOTA LOQUOR
STARBUCKS REBEL ALLIANCE

[happymanager]

Does it matter? If I hit a nerve, it means you fall into that catergory. SOMETIMES the lid is not great. But they are not meant to be removed and put back on seven times till Sunday, until you get it JUST RIGHT. Also stop filling my garbage can with coffee. If you need room for milk, ask. Don't ask me to fill it up to "get my money's worth" and then dump half in the garbage only to return to the counter and ask for more because "now it's too cold" after addind three inches of cold milk. STUPID

[The Clopener]

I think they're sensoring Pat... he had a post here a minute ago and now it's gone. That's funny. Sorry Pat... you shouldn't be such a whiner

[happymanager]

Bottom line don't be stupid

[zipy]

heres an idea; stop grabbing your drink labeled extremely hot by the one part that detaches! Grab the damn thing by the middle not the lid. I feel no pity for the guy, I burn myself daily. He just wants free money. Also we have Many spoiled customers, it's just a fact.

I dont understand how this man claims he suffered scarring and numbness to his hand when baristas who get burnt every day with the same temperature water do not get scarred or experience numbness in their hands. And for the wife to seek compensation for the loss of certain services from her husband due to his injury? This just seems a bit ridiculous

[NewShift]

I've been trying to visualize this in my head. (And no, I didn't actually read the article; yes, I'm lazy sometimes.) In order for the water to spill out, wouldn't there have to be some considerable distress to the integrity of the cup? In other words, even a cup with no lid on it won't spill unless you put quite a lot of pressue into your grip. I'm talking a lot of pressure, about four or five times more than is needed to securely hold the beverage. Why would anyone grab a cup like that?

Yes, I plan to read the article after work today. In the meantime, it is nice to see some appropriate discussion and conversation about the subject here in between the posts bearing insults and inflammation. Sometimes I wonder why people so enjoy insulting people they don't even know. Such instances often remind me of just how privileged I've been in my life, I guess.

Do unto others...

[Taylor]

Most customers are not snobs, but the ones that aren't can clearly recognize the humor and sarcasm when we point those types of people out. If you are getting offended by us commenting on the pampering that many customers require during their daily coffee excursion, then maybe you should reevaluate how you behave in a retail establishment.

And Mr. Fivebucks, your nickname for the co. is neither cute nor insulting, it is simply stupid. Have you looked at a menu lately?

Tea: 1.35 regardless of size with 1 teabag
Coffee: 1.55 / 1.75 / 1.85 accordingly
Latte: 2.65 / 3.15 / 3.65 accordingly
Iced Tea: 1.75 / 1. 85 / 2.00

The is for the Los Angeles area and no one should really require 20-24oz of coffee beverages, ever.

Even you on your obviously mediocre income could afford that if you really wanted to. Obviously millions of people do or we would not have jobs.

The bashing gets old fast. Find another forum for your cries for attention.

I think the sissy should stand behind the counter for a few hours at a busy time with you baristas, so he can see how you sometimes get scalded/burnt. you might say your little 'ouch ouch,' if even that, but then you move on.

maybe he'll realise the crock of his stupidly.

-customer (25to5).

[CapLover]

I agree the water is WAY too hot. Come on! Takes 10 min of waiting before I could take my first sip.
Maybe this is the message for starbucks to turn down the temp.

I don't think we should blame the crappy cups. It's starbucks being unsafe. They should write a warning sign HOT DANGER.

Besides, who knows how sentive the guy's skin was.

[barista lane]

tell that to my customers who want their coffee or their americano EXTRA HOT.

if you don't want it to be so hot, ask us to put a few ice cubes in it for you. we don't mind it at all, and it'll only take an extra five seconds.

btw as everyone is saying, all of us baristas have been burned by water from the insta-hot tap. never gotten 3rd degree burns though.

[Seinfeld Fan]

Hmmmm....please, going back to the first comment above...tea is made with boiling water. In other words, it is really, really hot, and one should be really, really careful when handling it. This reminds me of a couple of really great sitcom episodes..."Seinfeld", "Coach"... come on, people, haven't we gotten beyond filing these frivolous lawsuits yet?

Tea is made with water just off the boil. If you make it at home, thats how it's made period. How should we make it? Turn on the hot water tap??? All over the world tea is made this way. I guess if you want tea, you just have to accept that, like at home, it will be very hot. That being said, if someone was burned at a place of business, it needs to be looked into BUT there is no other way to make hot tea. Iced tea is always an option.

[Stacy]

Every barista at Starbucks and elsewhere has been hit with 200 degree coffee, water, and milk (the same temp at which this douchebag's tea was). None of us are turning around to sue so why is this asshole?

[BOSTON STARBUCKS REBEL]

I'll go find him a straw so he can SUCK it up! Or maybe I could shove that straw up high tight ASS! Wait, he might like that too much.

BOSTON STARBUCKS REBEL
PRIMUS INTER PARES
STARBUCKS REBEL ALLIANCE

[BURRISTA]

As already stated, tea is *supposed* to be made with boiling water. For everybody who finds that the water right from the tap is too hot (including myself), try adding a few ice cubes to the tea to cool it down. It works like a charm...

and no lawsuit.

[Tim]

I'd make a comment except that everything I think has been shared already, haha!!

But I will say that, for his sake, I hope he ends up on a matchmaking TV show so we can hook him up with that lady who sued McDonald's over hot pickles burning her va-jay-jay.

The guy needs to grow up..seriously.

[Barista Bryan]

Also, why did it take the guy over a year after the incident to sue? It's going to be hard for the guy to prove that this is what really happened. All he really is doing is making my stock prices go down and taking money that the company can be using in other areas to improve to divert it into fighting him. Oh well, it's like Andy Warhol said, "Everybody gets their 15 minutes of fame." Thats what this guys wants. Just like the typical American, he feels that he shouldn't have to work for his money, but that somebody somewhere deserves to give him a hand out. Its our society that breeds this kind of people. Work? Why, when I can get it for free?

[Puyro]

I don't know about you guys but the BEST line in that story is:

"His wife seeks compensation for the loss of certain services from her husband because of his injury, the suit states."

ROFLCOPTER.

[Lorenzo]

when people order inside the starbucks store.. i usually tend to see people rush up to the handoff bar to pick up their drinks and run out the store.

it's not a drive thru. i've seen more spills at the handoff bar than anywhere else because of customer's stupid habits of opening their lids before walking over to the condiment bar.

when i'm doing 'refills' for customers (i think it's stupid how we're supposed to ask for them to remove their lid before handling the starbucks paper cup) ..whether it's hot tea or brewed coffee, it's such a challenge bringing that cup full of hot liquid from the rear counter to the front counter where the registers are. and when it does spill on my hand, i suck it up till i bring the entire cup flat on the counter.. then rush to the sink with cold water :)

~lor ♥

[Donald W. Pfeffer]

I've worked with at least two people who have had to go to the emergency room because they spilled cups full of hot water on their hands. These were both good employees, not cry babies. They didn't end up having severe burns, but they were both in pain for a few weeks, wore bandages, and used cream.

It's hot water. We all know that. Have a little sympathy.

I don't claim to agree that he should get a settlement out of this. My problem is with the people (employees) who are calling their customers bitches and assholes. As far as me coming to the Fivebucks Gossip website and posting comments about my opinion, that is what it's here for. Regarding my salary, I'm paid pretty well - definitely better than somebody pouring coffee at Fivebucks. I'm not trying to insult the pay, I'm simply stating that I have a good salary. I complain about customers too, but I don't go get on a website that EVERYBODY can read and call them bitches and assholes. If you don't like me, great! I don't come here so you, the Fivebucks employee will like me. I could spend a hundred grand a year at your store (if I had a hundred grand a year and enjoyed "the experience") and you'd still bitch about my and my coffee habits on this site.

[Mia]

This guy is just out for money. At the most, if this is true, he received 1st degree burns which are blisters and rednesses. Third degree means are deep and char the muscle, nerves, and can be bone deep. The lawyers will have fun with this one.

[Northern Latte]

Here is the definition of a third degree burn from wikipedia...."Third-degree burns additionally have charring of the skin, and produce hard, leather-like eschars. An eschar is a scab that has separated from the unaffected part of the body. Frequently, there is also purple fluid. These types of burns are often painless because nerve endings have been destroyed in the involved areas." So if he had one of the painless ones he has no reason to sue!! HAHAH...There is no way this happened from a cup of tea unless his hand was submerged into it...you never know there are a lot of idiots out there though

[Dima K]

ok. it is official. I will from now on curse everyone who is exaggerating Starbucks' prices. I am talking to you Mr Fivebucks. I am talking to you.

[Shift Supervisor]

The fact that" no name" calls it fivebucksinstead of the real name shows the same ignorance of calling customers names, so go on another site...get lost loser.

[Kathi]

I've gotten second-degree burns off the hot water tap @ my store... the cup slipped as I was filling an Americano and my thumb got it bad. Insta-blister.

I ran it under cold water for a couple minutes, slathered it in burn cream then and again about two hours later, kept it covered with a bandaid. By the time I got home that night it was still rather red and a bit painful. The next day, less, and then it was gone.

No happy multi-gazillion dollar lawsuit for me.

If this happened in the store, the man should've been provided with cold water and burn cream; and quite honestly if there were blisters the store should have taken care of him seeing a doc immediately.

It IS hot water and accidents DO happen.

At our store, the tap is set to 190 degrees. According to http://www.cqcapd.state.ny.us/newsletter/estime.htm, water at that temp WILL cause a 3rd-degree burn in one second.

So I suppose it's possible that the guy got a really bad burn. But to sue for denial of affection for the wife and all? give me a break.

Tea really DOES need to be made with near-boiling water or it doesn't make right. :::shrugs::: Maybe we should start setting the 4-min timer, and then temp the liquid down to at least 40 degrees with ice, so that no one gets hurt?

To the person calling us fivebucks, if you have such an awesome job that pays so well, what are you doing on a gossip website during business hours? Shouldn't you be at work???? I'll bet you don't even have a job, you're on here every day at all day psrts, go to work!

[FIVEBUCKS]

It's funny that I can make a valid point about employees calling their customers asshole and bitch but some people choose to look beyond that because I call Starbucks "Fivebucks". So, in order to make things right, I will now go by a name. It's also funny that people will pull things off the menu, knowing full well that those things aren't the normal orders. I know tons of people who go to the local Starbucks stores (cringe) and they are constantly spending much more than a couple of dollars. I'm sure at the end of the day the employees there probably call them assholes and bitches too. Of course, I don't feel sorry for these people. I don't think they're being taken advantage of - because they choose to spend half an hour's pay on a cup of coffee with sugar and cream and a bit of flavoring with a "fancy" name. And no, I won't go find another site because I don't have to. Once again, I don't agree with the fact that this man is suing for that reason. He's probably in reality pissed off because he's tired of the attitude he gets from the know it all barista/professional coffee pourer.

[FIVEBUCKS]

Oh, and by the way, I do have a job. I am not on here every day, I'm usually here on my days off. You may take into consideration that I'm not the only one who is unhappy with Starbucks that comes to this site - who doesn't normally leave a name. SORRY! I will say one thing about Starbucks employees - for what they're paid, they sure are loyal. Perhaps you should pay more attention to trying to make your company look good to more people (i.e., not calling customers assholes and bitches) instead of worrying about what I have to say about it.

Well... for those ones that say that customers arent bitches and that we should take any shit from them because they are paying for it... this one guy threw a cup of boiling coffee directly to my face... and it does burn but never to the extent of a 3rd degree burn... now it seems like they know they can burn baristas but they were not expecting to get burned if some of it spilled on their hands... GET OVER IT !