What should I do if I was burned by scalding tea from a restaurant?

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What should I do if I was burned by scalding tea from a restaurant?

Asked on November 4, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, only if the tea was hotter than tea is normally served might the restaurant be liable; if the tea was at the typical or common tea temperature, then 1) the restaurant was not careless, reckless, or otherwise did anything wrong; and 2) there is a known risk in drinking hot beverages, which you accepted by ordering tea.

If the tea was hotter than it is supposed to be served, however, the restaurant may be liable, or financially responsible for your injuries, because it may well be negligent, or careless, to serve tea at too-hot a temperature. But even in that case, it may not be worthwhile to take action: the restuarant would only be liable for:

1) your out-of-pocket (not paid by insurance) medical costs;

2) your lost wages, if any; and

3) IF you suffered fairly long lasting (weeks, at least) significant disability, disfigurement, or impairment of life functions, for some amount of "pain and suffering"--but the amount you could recover would only be significant with some long-term or permanent impairment or disfigurement. For a few days or a week or two of pain, or light scarring that fades, the amount of pain and suffering you could get is negligible at best.

Therefore, it is entirely possible that even if the restaurant was at fault, that the amount of money you could recover would not justify legal action.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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