Monday, May 29, 2023

Canada woman sues Tim Hortons after ‘superheated’ tea caused ‘horrific’ burns

Canada woman sues Tim Hortons after ‘superheated’ tea caused ‘horrific’ burns

Jackie Lansing sues coffee chain for C$500,000 after cup of tea that ‘collapsed’ and spilled on her stomach and legs left her ‘disfigured’
An Ontario woman and her family are suing Canada’s best-known coffee chain for C$500,000 ($366,000), alleging Tim Hortons served her “superheated” tea in a defective cup that left her with “horrific” burns on her body.

Jackie Lansing, 73, ordered a black tea while at a drive-through in southern Ontario last year.

Lansing, who was in the passenger seat of a vehicle, picked up the cup, which “immediately collapsed in on itself”, according to her statement of claim.

“As a result, approximately 14 ounces of scalding hot liquid spilled on Ms Lansing’s stomach and legs,” her claim reads. “The tea provided was a hazard rather than a beverage.”

Her lawyer Gavin Tighe told the Guardian he believes the company was negligent both for the temperature of the tea and the construction of the cup.

“What began as a routine occurrence, buying a cup of tea, in the blink of an eye turned into a life-changing injury that required multiple hospital visits and has left both physical and emotional scars,” he said.

According to the statement of claim, Lansing’s injuries required morphine to treat the pain and that it took three weeks for the wounds to close. She is now “permanently and seriously injured … and disfigured”.

Lansing alleges that she now suffers hypersensitive skin that requires constant treatment, experienced weight gain and is now “frequently afraid … gloomy, depressed and tearful”.

Lansing’s daughter is also seeking damages under the province’s Family Law Act. She alleges her mother’s injury has meant she has not been able to fully care for her disabled child.

TDL Group Corp, the licensing company of Tim Hortons, and Greenwood Enterprises Inc, the operator of the franchise, all denied allegations of negligence.

In their statement of defence, they argue Lansing “assumed risk” when ordering a hot beverage and that “she was the author of her own misfortune” when the tea spilled. The defence, which also suggested Lansing was distracted by her mobile phone, is requesting the court dismiss Lansing’s claim.

The case is reminiscent of Stella Liebeck’s fight against the fast-food giant McDonald’s in 1994. The 79-year-old New Mexico widow suffered life-threatening third-degree burns and was awarded $2.7m by a jury in punitive damages – but her case was widely mocked on late-night television.

Tighe acknowledged that Lansing’s case was also likely to be ridiculed.

“This isn’t a ‘boohoo, woe is me’ situation. Nobody would say they’re prepared to get burns like this. Buying a cup of tea where the cup then collapses? Nobody’s buying a ticket for that lottery.”

Instead, he hopes the lawsuit prompts a change to how the coffee giant serves its beverages.

“Lots of people order tea and coffee from drive-throughs. If this stops one of them from getting burned, then it’s a useful exercise,” said Tighe. “Nobody wants cold tea, but nobody wants their tea brewed in a volcano either.”

Related Articles

Two US Employees Fired For Chasing Robbers Out Of Store As They Broke ''Company Policy''
If you donated to BLM, you got played
Pfizer, the EU, and disappearing ink - Smoke, Mirrors, and the Billion-Dose Pfizer Vaccine Deal: EU's 'Open Secret
Actor Tom Hanks told Harvard University graduates to be superheroes in their defense of truth and American ideals, and to resist those who twist the truth for their own gain
The Sussexes' Royal Rebound: Could Harry and Meghan Markle Return to the UK?
A provocative study suggests: Left-Wing Extremism and its Unsettling Connection to Psychopathy and Narcissism
France Arrests 10 on Suspicion of Failing to Respond in Time to Migrant Drowning
Neuralink Receives FDA Approval for First-in-Human Clinical Study
Saudi Arabia and Canada Restore Diplomatic Relations
Bernard Arnault Loses $11.2 Billion in One Day as Investors Fear Slowdown in US Growth Will Reduce Demand for Luxury Products
Russian’s Wagner Group leader: “I am not a chef, I am a butcher. Russia is in danger of a revolution like in 1917.”
TikTok Sues Montana Over Law Banning the App
Ron DeSantis Jumps Into 2024 Presidential Race, Setting Up Showdown With Trump
Last Walmart in North Portland Closing Down
Florida's DeSantis seeks to disqualify judge in Disney case
Talks between US House Republicans and President Biden's Democratic administration on raising the federal government's $31.4tn debt ceiling have paused
Disney has canceled plans to build a new campus in Florida worth almost $1 billion
Biden Administration Eyeing High-Profile Visits to China: The Biden Administration is heating things up by looking into setting up a series of top-level visits to Beijing by top officials in the coming months
New evidence in special counsel probe may undercut Trump’s claim documents he took were automatically declassified
A French court of appeals confirmed former President Nicolas Sarkozy's three-year jail term for corruption and influence peddling
Debt Ceiling Crises Have Unleashed Political Chaos
Weibao Wang, a former software engineer at Apple, was charged with stealing trade secrets related to autonomous systems, including self-driving cars
Mobile phone giant Vodafone to cut 11,000 jobs globally over three years as new boss says its performance not good enough
Elon Musk compares George Soros to Magneto, the supervillain from the Marvel Comics series.
Warren Buffett Sells TSMC Shares Over Concerns About Taiwan's Stability
New Study Finds That Secondary Bacterial Pneumonia Is a Major Cause of Death in COVID-19 Patients Who Require Ventilator Assistance
King Charles III being crowned.
'Godfather Of AI' Geoffrey Hinton Quits Google To Warn Of The Tech's Dangers
A Real woman
Vermont Man Charged with Stalking After Secretly Tracking Woman with Apple AirTag
Elon Musk Statements About Tesla Autopilot Could Be 'Deepfakes,' Lawyers Claim. Judge Evette Pennypacker Does Not Understand How Far and Advanced This Technology Became
Ukraine More Prepared for Counterattack as Reinforcements Arrive
UK Prime Minister Rishi Sunak and Italian Prime Minister Giorgia Meloni Discuss Migration, Defence, and Ukraine
Tucker Carlson is back, soon!
AT&T's Successful Test of Satellite-Based Phone Call Raises Possibility of Widespread Coverage
CNN: "Joe Biden is asking for four more years — when 74% of Americans think the country is heading the wrong way“
Turkish President Recep Tayyip Erdogan Cuts Short Live TV Interview Due to Health Issue
US Congresswoman threaten Twitter Files journalist with arrest
Pulitzer Prize-winning journalist Seymour Hersh slams New York Times' pro-government stance and treatment of sources
Enough is enough: it's time to end the war in Ukraine. While Russia may be to blame for starting it, Russia is not the one refusing to stop it
Fox News Settles their case with Dominion Voting Systems for a staggering $787.5 MILLION
The land of the free violence
Speaker Kevin McCarthy
21-year-old Massachusetts Air National Guard member Jack Teixeira has been arrested for leaking classified Pentagon Documents
The Supreme Court will allow a 12-year-old transgender West Virginia girl to compete on her middle school’s girls' sports teams amid a lawsuit over a ban
Iran and Saudi Arabia hold first diplomatic talks in seven years, brokered by China
Bank of America cuts short conference after outrage at Ukraine comments
Mitt Romney calls Trump indictment 'overreach,' says charges were 'stretched' to suit a 'political agenda'
The G-7 aims to make global crypto regulations tougher
Russia arrested an American reporter for the Wall Street Journal on espionage charges