Bronx, NY asked in Personal Injury for New York

Q: After heating up a cup of hot water for my tea, when I went to take a sip, the handle broke off.

After heating up a cup of hot water for my tea, when I went to take a sip, the handle broke off and the scolding hot water burned my right thigh. I suffered second degree burns on my front and back thigh yesterday afternoon on 02/21/2021. I did seek medical attention and was prescribed medication for my burn injury.

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for the burns you suffered from the hot tea. Although it is clear you suffered a painful injury, it's possible that determining the cause of the failure of the cup handle could be complex and costly. But that's only a single opinion. You could reach out to attorneys to discuss in greater detail, and that could offer you better insight into the strengths of the claim. That way, you could have a more detailed and deeper evaluation of the case. Good luck, and I wish you a quick and healthy recovery from the burns.

Tim Akpinar

Jonathan R. Ratchik
Jonathan R. Ratchik
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: So sorry to hear what happened to you. Whether you have a viable lawsuit really depends on why the handle of the cup fell off and the nature of your injuries. Products liability lawsuits are very expensive and usually only make sense when there has been a serious, permanent injury. That said, assuming the cup was microwave safe and relatively new (the likelihood of the cup breaking arguably increases with age), the handle should not have fallen off under ordinary use. If you can identify the manufacturer of the cup (or the store from which it was purchased) you might want to speak with an experienced personal injury lawyer. You can find one using the Find a Lawyer tab on the JUSTIA homepage.

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