Family of Tim Hortons customer who says she was scalded by hot tea sues for $500K

WARNING:This story contains graphic images ofburned skin.

The family of anOntario woman who says she waswas scalded by a cup of hot TimHortonstea is suing thecoffee-and-doughnut shop's Canadian franchisorand the owner of one of itslocations for $500,000 in damages.

But the defendantsTDLGroup Corp. and Greenwood Enterprises Inc. deny any allegations of negligence.

Jackie Lansing, 73, toldCBCToronto she was driving her sister to a medical appointmentin May 2022 when they pulled in to the drive-thru at a TimHortonsonHighway 60 in Huntsville, Ont.

Lansingordereda medium black tea with two milks, which she said a worker passed to her through the window.

"I took it, put it in the cupholderand I said, 'I don't know, it seems really hot, it doesn't seem like she's put any milk in it,'" Lansing said in an interview.

"So I lifted it up to see if there was milk in it and the cup collapsed and [the tea]went on my stomach and my legs."

Lansing, who lives justsouth of Rousseau, Ont.,suffered "severe, painful and permanent injuries" fromthe spill, including second-degree burns on approximately six per cent of her body, according to a statement of claim filed on her behalf in the Ontario Superior Court of Justice in Toronto in December.

"I was actually in shock becauseit was so painful," Lansing said.

The lawsuit argues the restaurant was negligent by giving Lansing thetea at a "scalding temperature" in a defectivecup that "collapsed in on itself."

"The cup provided by the restaurant was faulty and deficient for its intended use," the statement of claim reads. "The black tea provided was... a hazard rather than a beverage."

Ten months after the injury, Lansing saidthe backs of her legs are scarred and she still has sores on her stomach.

"I just wish they would accept the responsibility,"she said.

The lawsuit identifiesTDLGroupas the company responsible for the supply of materials and upkeep of standards at the Huntsville Tim Hortons, as well as the leaseholder of the property on which the restaurant is located. TDLGroup is an owned subsidiary ofTimHortons'U.S.-based parent company Restaurant Brands International, according to filings with the U.S. Securities and Exchange Commission.

Greenwood Enterprises operates the restaurant, according to the lawsuit.

Lansing is claiming $450,000 in damages for pain and suffering, medical costs and other expenses relatedto her injuries. Her husband and sister,also named as plaintiffs, areclaiming $50,000 for theloss of guidance, care and companionship and for expenses incurred and lost income while caring for Lansing.

GavinTighe, a partner with the Toronto law firmGardinerRobertsLLPwho represents the family, said restaurants have a "duty of care" to ensure beverages are served at a temperature that's safe for consumption.

"If it's capable of scalding your body, it's capable of scalding your mouth,"Tighesaid in an interview.

"Sowhy are restaurants serving itat that temperature?"

Tighe argued Tim Hortons hasn't taken sufficient preventative action following similar scaldingincidents, including one involving a Winnipeg woman in 2013.

Defendants deny all allegations

In a statement of defence filed in late February, a lawyer representingTDLand Greenwood denied thatserving the hot tea created a hazardor that the condition of the cup contributed to the spill. Instead, theyblamed Lansing for her injuries.

"If the plaintiffs sustained the injuries and damages alleged ... such injuries and damages were caused and/or contributed to by the acts and/or omissions of [Lansing] herself," AndreaLeDrewof the Toronto-basedlaw firmStieberBerlachLLPwrote.

"She was the author of her own misfortune."

The statement of defence arguesthe defendants, their agents and staff"fulfilled all duties of care in regards to the sale and delivery of hot beverages" and that even if the spill was a result of the condition of the cup, it was not "in any way caused or contributed to by any breach of care or duty on the part of the defendants."

LeDrewasked the court to dismiss the claim.

Tim Hortons declined to comment while the matter is before the courts.

According to the Tea Association of Canada's website, tea should be prepared at temperatures ranging between 85 C for white and green tea to100 C for black and herbal teas. The association also calls for those teas to steep for between one and six minutes, depending on the type.

But the U.S.-based Burn Foundation says water at 68 C is already hot enough to cause a third-degree burn in just one second.

Dr. Alan Rogers, a burn surgeon at Sunnybrook Hospital in Toronto who is not involved in the case, said the severity of a hot liquid burn depends on a number of factors, including the age of the patient as well as the temperature of the liquid, its viscosity and the duration of contact it has with the skin.

"If it's on their clothing for a longer period of time, whether it's been washed appropriately with ... cool running water immediately, then it's less likely to cause a burn injury," he said.

Hot beverages central to several lawsuits

Rajiv Hat, a personal injury lawyer with Kotak Lawyers in Toronto who is also not involved in the case, said lawsuits against restaurants claiming damages forhot beverage burnsare common.

The likelihood of success depends on whether Lansing can prove negligence on part of the restaurant or its staff, Hat said, or if the defence can successfully argue contributory negligence on her part.

"It's really what caused itto occur and how did that end up impacting the plaintiff, but also, did the plaintiff do anything to contribute to that?" he said.

Hat said if the case goes to trial, experts are likely to be brought in to testify on issues like the proper standards for serving hot beverages and under what circumstances a cup like the one used could be faulty.

Lansing's case is reminiscent of a high-profile U.S. casein the early 1990sthatgenerated international attention.

In 1992, then-79-year old StellaLiebecksuffered third-degree burns when sheaccidentally spilled a cup of hot McDonald's coffee in her lap and pelvic region. She sued the restaurant chainand a jury found McDonald's carried the majority ofliability for serving coffee that was too hot.

She was awarded nearly $2.9 million US in damages in 1994 roughly $5 million US in present day moneyalthoughajudge later reduced the awardto $640,000 US and the case was eventually settled out of court.