Family Files Lawsuit Against Heavenly Mountain Resort After Child's Severe Burns
A family from San Francisco has initiated legal action against the Heavenly Mountain Resort in Lake Tahoe, alleging that their five-year-old daughter sustained severe burns from a cup of cocoa served at an "excessively and unnecessarily hot temperature." The incident, which occurred two winters ago, has resulted in the child suffering permanent scars, according to court documents filed in El Dorado County Superior Court.
Details of the Alleged Incident at Sky Deck Cafe
According to the lawsuit, Brittany Burns and Joshua Moran Burns visited the resort with their young daughter. At the Sky Deck cafe, Brittany ordered a hot chocolate for the child. The cashier reportedly filled a to-go cup and slid it across the take-out window counter without a lid, directly to the five-year-old. When the girl attempted to drink the beverage, it was allegedly too hot, causing her to spill it inside her ski suit.
The legal complaint asserts that the hot chocolate was "far too hot for consumption and dangerous, especially to minors," and claims that serving such a drink to a child constitutes conduct that was "known, intentional, malicious, and without due care for the likelihood of injury." The family's attorney, Roger Dreyer, stated that the girl endured "bad burns down her chest and abdomen" as a result.
Resort's Response and Legal Claims
Vail Resorts, the parent company of Heavenly Mountain Resort, has declined to comment on the pending litigation. The Burns family is seeking compensation for various damages, including medical expenses, past and future mental suffering, and "loss of enjoyment in life." Dreyer emphasized that the child has been left with permanent scars from the traumatic event, highlighting the long-term impact of the incident.
Similar Case Involving Starbucks Highlights Broader Concerns
This lawsuit echoes a recent high-profile case in California, where a delivery driver was awarded $50 million in March 2025 after being seriously burned by a Starbucks drink that spilled in his lap in February 2020. In that instance, Michael Garcia's lawyers argued that a Starbucks employee failed to secure the drink properly in a cardboard tray at the drive-thru. Starbucks expressed sympathy but disagreed with the jury's decision, stating plans to appeal and calling the damages excessive.
The parallels between these cases underscore ongoing concerns about the safety standards for serving hot beverages, particularly to vulnerable individuals like children. As legal proceedings continue, the outcome of the Burns family's lawsuit could set a precedent for how such incidents are handled in the future, potentially influencing industry practices regarding temperature controls and customer safety protocols.
