Family Files Lawsuit Against Heavenly Mountain Resort Over Scalding Hot Chocolate
A family from California has initiated legal proceedings against the renowned Heavenly Mountain Resort in South Lake Tahoe, alleging that their five-year-old daughter suffered severe scalding injuries from an excessively hot chocolate beverage served at the ski resort's cafe. The incident, which occurred two years ago, has left the child with permanent scars, according to court documents filed in the state.
Details of the Alleged Incident
The lawsuit states that Brittany Burns and Joshua Moran Burns were taking a mid-morning break from skiing with their daughter when they stopped at a cafe within the resort. After a server sprayed whipped cream on top of the hot chocolate, the drink was allegedly slid directly to the minor without a lid. When the child attempted to drink it, the liquid spilled inside her ski suit, scalding her chest and abdomen. The complaint describes the beverage as "excessively and unnecessarily hot," posing a significant hazard.
Legal Claims and Damages Sought
The family is seeking damages for a range of losses, including:
- Medical expenses incurred from the injuries
- Loss of past and future income
- "Loss of enjoyment in life" due to the trauma and scarring
The lawsuit accuses the resort and its staff of negligence, asserting that they knew or should have known that such hot beverages could cause this type of incident. Roger Dreyer, the personal injury attorney representing the Burns family in Sacramento, emphasized that while skiing involves inherent risks, this case is distinct because consumers do not expect hot chocolate to be served at a temperature that is not consumable.
Historical Context of Hot Drink Lawsuits
This case is part of a broader trend in the United States, where lawsuits over excessively hot drinks are not uncommon. Notable precedents include:
- In 1994, a landmark ruling against McDonald's in New Mexico awarded Stella Liebeck over $2.8 million after she spilled hot coffee on herself, setting a precedent for similar cases.
- Last year, Starbucks was ordered to pay $50 million to a customer injured by a cup of tea.
- At least two subsequent lawsuits have been filed against Starbucks, alleging injuries from drinks spilling into drivers' laps.
Response from the Resort
A spokesperson for Vail Resorts, the company that owns Heavenly Mountain, declined to comment on the pending litigation, citing standard policy. The resort has not publicly addressed the specific allegations, leaving the legal process to unfold in the courts.
The outcome of this lawsuit could have implications for the hospitality industry, particularly in ski resorts and other venues serving hot beverages to families. As the case progresses, it highlights ongoing concerns about consumer safety and corporate responsibility in preventing such injuries.
