Saddle Brook, NJ asked in Personal Injury for New Jersey

Q: My friend sustained 3rd degree burns from spilling Dunkin Donuts coffee in a vehicle. Does she have a case?

Her friend was driving and braked hard after a deer jumped in front of the vehicle. Can she sue Dunkin Donuts and receive a settlement? Does she have a case? She has medical records and pictures of her burns. This occurred in New Jersey

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3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New Jersey

A: I'm sorry your friend was injured. It sounds like it could be difficult to establish a case based on these circumstances. Beverage cups nowadays come with clear warnings about the contents being hot. If the cause of action were to be based on negligence, in terms of a poorly installed lid, that could be difficult to prove and subject to dispute. The hard braking of the vehicle would likely be argued as a primary cause of the injuries. But your friend could reach out to attorneys to discuss how they see the matter. Good luck

Tim Akpinar

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: A case exists, but its not an easy one in today's environment with all the warnings. By the way was the cup in a cup holder in the car if so an issue can also be made that the cup holder is defective.

Gerald D. Siegel
Gerald D. Siegel
PREMIUM
Answered
  • Plainsboro Township, NJ
  • Licensed in New Jersey

A: She may have a case against her friend for traveling too fast for conditions or otherwise falling short in her observations for deer. Doubtful if there is a case against Dunkin Donuts. Your friend should speak with a New Jersey negligence lawyer who is Certified by the NJ Supreme Court as a Civil Trial Lawyer, some of whom participate in this forum.

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