Question

Jack walks into Starbucks and is greeted by the Barista. Jack orders a fresh brewed coffee. The Barista tells Jack that the cost is $2.95 and Jack pays with his credit card. While the Barista is handing Jack the coffee the lid pops off because it wasn’t firmly placed on the cup. The coffee spills on Jack’s arm and results in 2nd degree burns. The industry average for serving coffee is 145-165 degrees. Because of the burns suffered by Jack, it was determined that Jack’s coffee was served between 180-190 degrees. Jack’s dress shirt gets covered with coffee so he immediately takes the shirt to the drycleaners and has it cleaned for $5.00.

im trying to figure out the IRAC on this scenario

Answer 1

The issue here is whether the Starbucks has been deficient or negligent in its service to the customer?

Jack who is a customer enters into Starbucks for coffee. He has been offered a very hot coffee without firmly placed lid and that results in spilling of the coffee on his arm. Jack suffered 2nd degree burns and additional cleaning cost of his shirt.

The coffee is served as hot as well as cold also but average is 145 to 165 degrees for serving hot coffee in the industry. However, the 2nd degree burns of Jack indicates that the coffee was hot in between 180-190 degrees.

The Starbucks is negligent in its service. It served the coffee with above average hot temperature and also without placing the lid on that cup firmly. It completely missed that it could be spilled in that case on the body of the customer and as it is hot with above average temperature then it means some severe burns on the body.

The customer has right to seek here damages for treatment cost as well additional cost of cleaning of his shirt.
The customer should be aware that the product is served hot but the Starbucks management need to place special instruction on the cup that it could hot more than average temperature and care should be taken while serving and consuming it.