Family Files Lawsuit Against Heavenly Mountain Resort Over Child's Hot Chocolate Burn
A California family has initiated legal action against the upscale Heavenly Mountain Resort in South Lake Tahoe, following a distressing incident where their five-year-old daughter sustained serious burns from hot chocolate. Brittany Burns and Joshua Moran Burns lodged the lawsuit in a California superior court in February of last year, citing negligence on the part of the resort, as documented in county records.
Details of the Alleged Incident
The unfortunate event occurred two years ago when the San Francisco-based family paused their skiing activities to enjoy hot chocolate at the resort's Sky Deck Cafe. According to a civil complaint obtained by the San Francisco Chronicle, the young girl requested the beverage and was provided a steaming cup of hot chocolate topped with whipped cream, but without a lid.
As the child attempted to take a sip, the hot chocolate spilled inside her ski suit. The garment trapped the scalding liquid against her skin, leading to significant burns. The lawsuit contends that the resort served the drink at an excessively and unnecessarily hot temperature, which was deemed far too hot for consumption and dangerous, especially to minors.
Legal Arguments and Allegations
The family's legal representatives have asserted that resort employees were aware of the beverage's high temperature and should have recognized the potential hazards it posed to children. The complaint accuses the resort of intentional and malicious conduct, suggesting that serving such a hot drink to a child demonstrates a lack of due care and an indifference to the risk of injury.
Attorney Roger Dreyer, representing the family, informed the San Francisco Chronicle that the child endured bad burns down her chest and abdomen, resulting in permanent scarring. Dreyer emphasized that while the family accepted the inherent risks associated with skiing, they could not have anticipated their daughter being burned by a simple hot chocolate beverage. He further argued that the drink was prepared at a temperature that was not consumable.
Seeking Damages and Ongoing Legal Proceedings
The Burns family is seeking compensation for medical expenses, mental anguish, and loss of enjoyment of life stemming from the incident. In response, lawyers for Heavenly Mountain Resort and Vail Resorts Management Company filed a cross-complaint in July 2025, as indicated by court documents.
A multi-day jury trial commenced on March 8, with no verdict reached as of the latest court records. The next court date is scheduled for May 26. The Daily Mail has reached out to attorneys for both the family and the resort for comment, but no statements have been released.
Background on Heavenly Mountain Resort
Heavenly is a prominent ski resort spanning across California and Nevada, featuring slopes that reach elevations exceeding 10,000 feet, the highest in the Lake Tahoe area. This is not the first legal challenge faced by the resort; last winter, a widow filed a wrongful death lawsuit alleging her husband was buried alive and suffocated by snow while skiing on a black diamond trail. The resort has declined to comment on pending litigation in that case.
The current lawsuit underscores broader concerns about safety protocols and duty of care in hospitality settings, particularly when serving hot beverages to young children. As the trial progresses, the outcome may set precedents for similar cases involving negligence and consumer protection in the tourism industry.
