Parents sue Starbucks over hot chocolate that's...hot

by Jonathon Morgan (Subscribe to Jonathon Morgan's posts) Nov 19th 2006 1:04PM

Categories: Money & Work, Health & Safety

According to a lawsuit filed by Michael and Alexis Brennan, burns from Starbucks hot chocolate resulted in their daughter Rachel's skin "falling off of her."

The incident occurred while Brennan was pulling away from a Starbucks drive-through window. As the car moved forward, the child-size hot chocolate Rachel was holding spilled on her and her car-seat. While it's Starbucks' policy to make child-size drinks at cooler temperatures -- to avoid just this sort of incident -- the Brennans assert that the burns have required "repeated medical attention," and are thus seeking unspecified damages from the coffee giant.

In a public statement, Starbucks has expressed sympathy for the child's injuries, but denies being responsible. They believe their "partners had prepared and served the drink properly," which -- presumably -- would make it impossible the incident to have transpired the way the Brennans have described it.

My guess is both are probably at fault. Haven't we all had our kids spill all over themselves while in the car? What was the mother thinking handing an obviously hot beverage to a child young enough to be in a car seat? However, if a "partner" wasn't paying attention and made the drink too hot (as I did more then once while working as a barista in high school), then maybe the Brennans have a case.

(Thanks to AdPulp for the link!)

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Comments (14)

Reader Comments (Page 1 of 1)

Ginny 11-19-2006 @ 1:27PM

"However, if a "partner" wasn't paying attention and made the drink too hot..."

Well hell, if I paid five bucks for a cup of hot chocolate, I'd expect it to be made correctly myself. ;)

HOWEVER, I think it's 100% the mom's fault. Who the heck doesn't check the temp of hot chocolate before giving it to a small child. I wonder if she just drops the kid in the bath without checking the temp. too. @@

ann adams 11-19-2006 @ 1:58PM

This isn't the first time I've read of Starbucks beverages causing burns. It happened to an online friend a year or so ago.

brandi 11-19-2006 @ 3:09PM

This is really amazing to me! Sure go ahead and sue another company. Why not? Lets just sue everyone because we are not responsible enough to take care of ourselves. First of all i am a mother and i feel its my job not everyone elses to take care of and protect my children, I am their mother thats my job. Parents who expect everyone to do their job raise children who run around looking for everyone else to do eveything for them and then when something doesnt get done well, They have to find someone to blame. I really wonder when we will start taking responsibility for our own actions instead of passing the blame onto someone else. What kind of example do you wish to set for your kids?

Lil Liberal 11-19-2006 @ 5:32PM

On one hand I can't imagine not checking the temperature--I mean, just holding the beverage should have been enough to alert her to the fact that it was too hot! If the starbucks employee had handed it directly to the child, then I can see it being more of an issue.

Ugh.

LS 11-19-2006 @ 4:44PM

I don't agree with suing, but I've had this happen to me. My tongue is *very* sensitive to temperature, and consequently, what most people consider "warm", I need to let sit and cool. I've stopped going to Starbucks because even though I specifically request that they make my tea cooler than normal, they tend to ignore me, and I still receive a scalding cup of liquid. I've switched to Caribou. Their Chai is better anyway.

That said... it's still the mom's responsibility to check. Every time I give my son warm liquid - soup, tea, cider, whatever - I sip some first. If it's cool enough for me, it's cool enough for him.

...and now that we've started discussing this, I suddenly have a violent craving for Hot Spiced Cider. mmmmm......

ann adams 11-19-2006 @ 4:56PM

Most of our treats come from Barnes & Noble which serves Starbuck products (my son manages the cafe and I have an interest in keeping him employed). I have them put a small amount of ice in the girls' hot drinks and even then check before they take the first gulp.

It's common sense even with my own drink. I sip first. Anyone can make a mistake.

Mamacita 11-19-2006 @ 8:42PM

The collective common sense and IQ of the universe have been burned. Who can I sue? I need to know, because I am really, really offended by people like that. (The negligent MOTHER and any lawyer who would support her, that is.)

Jenna 11-19-2006 @ 8:43PM

When my child was young enough for a car seat, I wouldn't even give her cold beverages, because -- brace yourself -- kids that age spill everything they touch! Who gives a scalding hot drink to their child without checking the temperature? If it burned her skin, what would it have done to her mouth?

I think that instead of a big cash settlement, these parents should be scalded themselves, right there in the courtroom. Something about this situation is fishy, and it sounds to me like one more idiot is hoping to cash in on their own stupidity. Ever since that old woman sued McDonald's and won, people see dollar signs in every little blister.

Has anyone here been scalded badly enough to require "repeated medical attention"? My stepfather was, but he was doused over 60% of his body by a pressurized radiator. Even this, his skin wasn't "falling off." I think this woman is overdramatizing, if not lying outright, about her child's suffering in the hopes of shocking a jury into making her a rich woman.

One more thing: how fast was she "pulling out" of the drive through window to cause a (presumably lidded) drink to spill all over the place? Perhaps she should ease off the gas pedal a bit.

Belinda 11-19-2006 @ 10:30PM

Also my daughter is 22 months old, I will cool down a french fry for her and think it is perfect and hand it to her, she will often put it in her lap and say "hot hot" if it is hot or give it back and say "col col" if it is cold. I have let her take a sip of hot chocolate the other day, she touched the cup and felt it was hot and told me so and didn't take a drink. Maybe it is just my child or maybe this mother didn't teach her child "hot" and "cold".

betsy 11-20-2006 @ 10:36AM

I think I was probably five before I ever even tasted hot chocolate!

chocolate milk is much more appropriate for a kid in a car seat.

Concerned Parent 11-21-2006 @ 12:40PM

I'm sorry; did she order HOT chocolate or SCALDING chocolate? Any "hot" drink served over 120 degrees Fahrenheit is no longer considered hot, it WILL cause injury to child OR adult if consumed or spilled on the skin. It was obviously hotter than 120 IF it caused second degree burns AFTER penetrating her clothing. I do believe the mother should have checked the temperature, but I don't believe she or anyone else should EVER be served a beverage that could injure a person if consumed or spilled, especially if it's labeled "child's" hot chocolate. THE COMPANY IS NEGLIGENT FOR NOT TRAINING THEIR EMPLOYEES IN (AND ENFORCING) DRINK TEMPERATURE SAFETY STANDARDS.

Crema 11-24-2006 @ 8:21PM

As a past employee with Starbucks for many years now, I'm quite aware of the attention and time it takes to produce a quality beverage.

What is happening at Starbucks, is these young baristas are under preasure to produce a high volume of beverages in a short period of time.

Since the switch over from the old espresso machines, the ones with group heads and porta-filters, to the new machines that do it all for you, even the wand that steams the milk automaticly registers temperature, these new machines are rarely calibrated and are not consistant. This creates an inferior product with varying temperatures. The upside... Starbucks produces more product in a shorter period of time.

This is good for share holders.

This is a case of two situations:
***First and foremost, as a parent, one should check anything their child is about to consume, especially if the child still sits in a car seat.
***Second, as a barista, I've personaly witnessed other baristas taking short cuts when preasured to produce product. Starbucks standard at the drive-through is 4 minutes or less to complete a transaction per vehicle. It's easy for a barista, who's been working for several hours non stop at the drive-through to make the mistake, or to take short cuts, using really hot milk, to get that product out.

Most baristas only make minimum wage. Do you really think they're overly concerned with checking temps?

Starbucks standards:
Hot adult beverages should be at 160 F degrees.
Hot child beverages should be at 140 F degrees.

S Fisher 11-26-2006 @ 2:50PM

Get off it people. If you’re to stupid to take reasonable precautionary actions for yourself and your child, you have no one to blame but yourself. What kind of moron would give a child a hot drink in a car without first checking it? Quit trying to blame others for stupid mistakes a chimpanzee has enough sense to not make. If the child’s parents are that incompetent, you have to wonder what other moronic things they have done.

heather g. 11-28-2006 @ 8:14PM

You can blame no one but the parents. Why the heck are you going to give a child obviously that young and small a drink that is called "HOT" Chocolate while they are in a car-seat in a moving car? It makes me wonder if there is any hope out there for kids with parents like that. Good Luck kid... you're going to need it.

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