The case popped up yesterday when it was reported in Reuters: Suit was brought against Starbucks because a woman was scalded by tea. With no facts other than the bare bones Complaint, the writer then jumped in to discuss the Stella Liebeck McDonalds coffee case.
Once in the hands of Reuters, it went to the Gothamist. If you Google Starbucks hot tea case now you will see no shortage of stories on it, including HuffPo, CBS and the UK’s Telegraph. The story has gone international.
Ted Frank picked it up at Overlaywered. Frank, however, cautiously withheld his opinion because the Reuters article “fails to indicate sufficient facts to determine whether [plaintiff’s] scenario reflects injuries from a spill that was her own fault or the fault of Starbucks.” David Lat mocked it at Above the Law, asking of Frank, “Where’s the outrage?”
Facts, facts, facts. That’s what makes and breaks lawsuits.
So I called plaintiff’s counsel, Elise Langsam. She’s been practicing 30+ years and has handled her share of scalding cases, often from showers where the landlord failed to set the water temperature controls properly. I wanted to know what actually happened with the Starbucks tea.
Here’s the deal. The plaintiff is Zeynap Inanli, a pro tennis player. Pro athletes aren’t generally the type of people that trip over their own two feet. And she didn’t.
The tea was bought at Starbucks near Grand Central Station on Lexington Third Avenue. The barista — coffee house devotees love that pretentious name for a counterperson — put the lid on, but didn’t put it on tight. As Inanli walked with the tea, that lid popped off and Inanli’s arm was scalded with the contents.
Inanli was admitted to the Weil Cornell Burn Unit for five days as a result.
Combine unsecured lid with the fact that the tea was so hot it caused second degree burns to the arm of the tennis player, and you have the elements of an action. So, two simple facts are at play: The failure to secure the lid and the scalding temperatures.
As Langsam told me, “You don’t put molten lava in a cup with a loose lid.”
Will Starbucks say otherwise when they answer the lawsuit and ramp up the press machine? I would expect so. That’s what defense lawyers and press flacks are paid to do. So one day, assuming that Starbucks has a competing set of facts, it will get presented to a jury who will look the witnesses in the eye and try to determine fault. Maybe one, maybe the other, maybe a little bit of both. What will the result be? I don’t know, I didn’t see it happen and I won’t be on the jury.
But is this the making of an article in Reuters and a growing news story? I wouldn’t think so. The unsecured lid seems like run-of-the-mill negligence. The scalding hot tea might be a local store problem, or a company-wide problem, but only time (and discovery) will tell with that. If it’s a company-wide problem with plenty of past complaints, then maybe there is news. But I don’t see it yet. [Addendum: Here is a particularly moronic report from Lisa Mateo at WPIX in New York, who did man-in-the-street interviews without bothering to find out how the incident happened. That’s journalism?]
All in all, seems like a painful problem for the plaintiff, but most likely a rather simple fact pattern. The complaint is here:Inanli-v-Starbucks-Complaint
Update: The Media’s Failure in the Starbucks Hot Tea Lawsuit
The Jewish High Holy Day of Rosh Hashanah starts this evening. And just in time for that comes a Blawg Review with that very theme.
