Summary
A California jury awarded Michael Garcia $50 million after he suffered severe burns from a spilled Starbucks hot tea, requiring skin grafts and causing permanent disfigurement.
Garcia’s lawsuit alleged a Starbucks employee failed to secure the drink in a tray, leading to the spill. Starbucks offered a $30 million settlement with confidentiality, which Garcia rejected.
The company plans to appeal, calling the damages excessive.
The case echoes past lawsuits over hot beverage burns, including the famous McDonald’s coffee case from the 1990s.
Seems like a pretty solid “fuck Starbucks” decision. Good job jury.
That McDonald’s case is going to fuck them up. It’s clear precedent for a largely similar case. The extreme publicity around it also means Starbucks can’t claim ignorance of the danger of hot coffee via the drive thru as any sort of defense.
Black tea needs to be brewed pretty close to boiling, and even green tea is brewed at 185, the same temp as the McDonald’s coffee incident. I don’t know how you can brew tea to order and hand it to someone a moment later without it still being at almost the exact same temperature. Tea also needs 3-5 minutes to steep, and you can’t hold up a drive through just to hand it over.
I’m not much for Starbucks, so don’t take this as me defending them, but I think most honest people would have trouble articulating why this merits a $50mm lawsuit. Imagine a similar ruling coming down on your local cafe.
A reminder that for the McDonald’s claim, she only wanted her medical bills covered, it was McDonald’s that refused a much smaller claim of some tens of thousands and instead insisted on taking it to court. Plus they had been advised numerous times previously from customers about burns due to their decision to maintain the temp of their brewed coffee so high for so long after it was made, solely to minimize profit loss. They were scraping pennies and ignoring customer warnings.
“Starbucks offered $30m to settle but wanted confidentiality. We said we would settle for $30m without confidentiality and only if Starbucks agreed to publicly apologize and promise to change policy to prevent this from happening again,”
Starbucks offered the guy $30M with a confidentiality agreement. They were already clearly thinking it warranted an amount in that region, which would only be if they thought they could be liable for even more.
Not just all of that, but her injuries were grotesquely horrific, including permanent damage to her genitalia. For those claiming these are ridiculous awards, ask yourself what it would cost to make you accept having your genitals melted by hot liquids.
How much I gotta pay?
Black tea needs to be brewed pretty close to boiling, and even green tea is brewed at 185, the same temp as the McDonald’s coffee incident
What the f- oh, American units
I was wondering what the heck kind of green tea needed that kind of treatment, lol
You can’t physically get water to go over 100c in atmosphere without it being pressurized. What impossible feats where you thinking was going on when you saw the 185?
I dunno, some tea drinkers can have pretty involved rituals! Haha
This is just straight up false. I regularly brew black and herbal teas at 70-75°C (158-167°F) if I’m in a rush. It steeps long before cooling to a drinkable temperature. I haven’t tried brewing green tea this way but I doubt it’s much different.
Sun tea is brewed barely above ambient temperature (although that of course takes hours to steep).
It’s not “straight up false”. You’re literally brewing your tee under the accepted norm. Most anyone who makes black tee knows the correct brewing temperature is around 205f. There’s so many sources that it should be brewed over 195f there isn’t even a valid argument you could try to make against this. Same temps for herbal teas.
White, yellow, and green teas get lower temps. Not black or herbal. Heck, just Google search “black leaf tea brewing temperature”. I doubt you’ll be able to find a single real source that states under 195f
Physics doesn’t care about “accepted norms”. Tea can steep well under boiling. Yes, even black tea. There are countless recipes online for sun tea that specify that the tea be steeped at ambient temperature. I think you’d be hard pressed to find a location where that gets far above 50°C.
So no, tea, even black tea, does not require near-100°C water.
sun tea
There’s nothing wrong with enjoying an unconventional recipe for tea, but this is not what most people around the world are looking for when ordering tea. I guess suggesting that fast food places switch to lower brewing temperatures and different recipes to avoid this issue is interesting if that’s what you’re suggesting. The taste would be different though.
It doesn’t require such hot water per se, but you get a lot more flavor in a shorter period of time when brewing hot tea or coffee. You see this with cold brew coffee recipes taking hours to brew and still producing different flavors from iced coffee. (Coffee brewed hot, then cooled.) I searched up some recipes for sun tea, and they also take hours to brew. That doesn’t work for a fast food restaurant trying to make tea on demand. If you lower the temperature to even 85 C for black tea you will be able to taste a difference.
Confident stupid people are why trump is in office.
I get if you are doing something different personally, but its literally the recommendation on the box. When I was learning about coffee I found that water into the brew basket or pour over at 185 would produce a terrible sour flavor, and that is well known in specialty coffee. Tea seems to be more forgiving, but I still let my water hit a boil before I brew mine. First result on google for a tea shop states the same thing: https://artfultea.com/blogs/101/tea-brewing-temperature-guide
I’m all for ganging up on mega-corps and watching them squirm when a lawsuit comes around, but it may have been a bit extreme to call my statement false. If Starbucks did anything wrong here, to me it was the cup not being seated in the carrier, not the water temperature.
Also, what stops drive-thrus from serving the kind of tea that you can brew at slightly cooler temp?
A fair question. Black tea is the most prevalent type of tea across the world. Recently after seeing a news story about Indian Kulhads (single use ceramic cups) I did some searching about what teas different regions drink, and most regions seem to drink regular black tea with some preferring black tea with spices. I don’t think the masses would accept 145° oolong at twice the price for the sole reason of lowering their risk of scalding burns.
It’s up to the business to decide how and what they serve safely. If hot tea cannot be served safely, don’t serve it. Or maybe invest that goddamn extra cent into a cup that does not spill.
I called the statement false, because it is. If it were true, sun tea would not be possible. Tea brewed at progressively lower temperatures has longer steeping time, but tea can indeed be brewed much lower than boiling point. I encourage you to test this yourself if you don’t believe me.
Also, I emphasize again: I literally brew tea at 70°C all the time. So no, tea does not need to be brewed at 100°C.
Just lucky he didn’t put a balm on it.
The incident:
https://drive.google.com/file/d/1rmUichSTMfckx3NkZ4rcv-XxibJo2-o4/view2nd Cup is at 2:30 and third immediately after.
Looks to me like she at least attempted to seat the cup firmly in the tray. So IDK?
As sad as this is for the driver, it seemed stable enough when she handed it over, but the driver unbalanced them.
EDIT:
On my 3rd review of the situation, it seems the 3rd cup looks taller in the tray. If they are supposed to be similar size cups, it is clearly not seated like the others.Still I’d say the driver does carry some of the blame, he fumbled it after he had 100% control of the tray.
And although the driver can never be restored by any amount, $50m seems insane by the standards of “normal” countries.
Much like the insane judgements on copyright infringement, and death penalty to people who turn out to be innocent in USA.Maybe ask yourself this: If the driver was drunk, and fumbled the tray, would that still be the fault of the server?
Now he probably wasn’t drunk, but it was still him that fumbled the tray, maybe because he wasn’t focused?The issue with this is not likely to be the fault of whoever dropped the cup, but rather like the prior McDonald’s case that the restaurant was maintaining the drink at far too high a temperature to be safe. Therefore guaranteeing injury if it is spilled on someone – regardless of how it is spilled.
Expecting that drinks will never get spilled on anyone is completely unrealistic. Maintaining drink temperature at a reasonably non-injurious level for when (not if) one will be spilled is therefore mandatory.
This dude required skin grafts. That’s not a case of, “Oops, it spilled and now your shirt’s wet.”
he restaurant was maintaining the drink at far too high a temperature to be safe.
I think that’s absolutely an issue, and I was wondering a bit about that, but that would also ruin the flavor of the coffee. I’ve never been to a Starbucks, but AFAIK Coffee is their main product.
Expecting that drinks will never get spilled on anyone is completely unrealistic.
Good point.
AFAIK a normal coffee machine heats the water to about 93° C, as a supposedly optimal temperature for the beans. I’d guess about 90° would be a pretty normal temperature for coffee.
But I also think that 60° would probably be hot enough to serve the coffee at.
Since our body temperature is about 37, the delta at 90 is 53, but the delta at 60 is only 23 which is way less than half, meaning that keeping it a bit colder would have an enormous impact on burn damage.If you went that low, coffee snobs would probably riot. I don’t know the correct number, though. I’ll leave you with an anecdote, which is this:
I once spilled a cup of coffee water directly on my crotch at camp, via the expedient of not realizing my collapsible silicone camp cup was not fully deployed. I had just taken the pot off of my camp stove where it was at a rolling boil, poured it straight into the cup, which collapsed, and then onto myself. Total time from taking the boiling pot off the fire to dousing myself was about four seconds. That’s basically as hot as water can get unenclosed, under normal terrestrial conditions.
That hurt like a bastard for about 30 seconds, and my thighs were red for the rest of the day. I obviously didn’t require any skin grafts. (I was also able to stand up right away and fan off, and wasn’t trapped in a car.)
If the plaintiff was burned to the point that skin grafts were necessary then there was definitely something wrong with that cup of coffee.
Edit: Actually, for science. I just poured a cup straight out of my home coffee maker and bunged a thermometer in it. 170° F, or 76.66° C. I drank it and didn’t feel even a little bit like rioting, so that temperature is probably decent for serving. (Not necessarily brewing, which is 90-something C.) In fact, I would be immensely surprised if Starbucks did not have some kind of corporate guideline or policy about this, especially in the post-McDonald’s case world.
But as you state yourself, it cannot be hotter than boiling.
In open air, and cooked via thermal transfer, i.e. a heating element or a flame. It can be hotter if it’s been microwaved.
I have no idea how the drink in question was prepared.
It’s both in terms of fault. California is a comparative fault state. So if the guy’s injuries are worth 50 mil and he and Starbucks are each found equally at fault, them for giving overheated water and him for negligently handling a cup of potentially dangerously hot liquid then they’re each responsible for half the 50 mil. Or 70:30. Or 100:0. Whatever the jury decides.
You know, there was a trial where they reviewed the footage in detail, probably more than 3 times, and both sides got to point these things out. Are you sure he “fumbled” before the 3rd drink got spilled? Or was it the drinks instability that caused him to fumble?
