In September of 2023, NJ resident Pamela Evans was at a McDonald’s drive-thru when an employee accidentally spilled hot coffee on her while handing over her order. Reacting instinctively, Evans jerked back and struck her body against the car door, resulting in what the complaint describes as “serious additional injuries” to the burns caused by the spill.
Evans required medical treatment for her injuries, leading her to file a lawsuit to pursue compensation for her pain and suffering. Having legal representation like Pamela’s in personal injury cases is crucial to ensure you receive the full compensation you are entitled to.
The Pamela Evans Case (2023)
The lawsuit claims that the worker negligently handled a container of hot liquid, resulting in a spill. It further alleges general negligence as well as negligent hiring, training, and supervision of employees.
The lawsuit names multiple defendants:
- McDonald’s Corporation
- The individual franchise owners and operators of the location
- The property owners where the restaurant is located
Claims Against McDonald’s Corporation
The lawsuit asserts that McDonald’s failed to ensure the safe service of hot beverages by not properly hiring, training, or supervising its employees. To win this claim, Evans must show that staff were not properly trained to handle hot liquids as per company standards.
Claims Against the Franchise Owners and Operators
The suit also alleges that the local franchisees failed in their responsibilities to train and manage employees according to established safety standards. Their success depends on proving that the franchise operators fell short of industry expectations for employee training and oversight.
Claims Against the Property Owners
Landlords or property owners are legally obligated to maintain their properties in a “reasonably safe” condition for residents, visitors, and employees. This responsibility includes removing known hazards immediately or providing adequate warning signs. If a property owner acts negligently by neglecting this duty of care and someone gets injured as a result, the owner can be held liable.
While the specific claims against the property owners are not detailed, they are likely being sued for premises liability or negligent oversight, depending on their role in daily operations.
The Stella Liebeck Case (1994)
McDonald’s faced a similar legal battle in the 1990s when 79-year-old Stella Liebeck suffered third-degree burns after spilling a cup of McDonald’s coffee on her lap.
Key Facts of the Case
- McDonald’s served coffee at 180–190°F, much hotter than competitors.
- Over 700 prior complaints of burns from their coffee had been reported, including cases involving children.
- Despite these reports, McDonald’s did not lower the temperature of its coffee.
- Expert witnesses testified that the coffee temperature was 30–40 degrees hotter than what other fast-food restaurants served.
The jury awarded Liebeck $2.7 million in punitive damages in the infamous case, Liebeck v. McDonald’s Restaurants. This sent a message about corporate responsibility and consumer safety, setting a major precedent and debate across the personal injury legal sector.
What Could This Mean for Pamela Evans’ Case?
Liebeck v. McDonald’s Restaurants may serve as a compelling example of a broader pattern of negligence that is relevant to the case of Pamela Evans.
In the case of Pamela Evans, such evidence could help establish that McDonald’s demonstrated a consistent disregard for customer safety, both through dangerous corporate policies and inadequate employee training, contributing directly to preventable harm.
Schedule a Free Consultation With a Personal Injury Lawyer in Los Angeles
If you’ve been hurt, ignored, or left paying the price for someone else’s mistake, it’s your right to take action.
At John J. Perlstein Law, we help clients across California understand their legal options and pursue fair compensation. Whether you’re dealing with a long recovery or trying to figure out how injury law applies to a specific situation, our personal injury lawyers will walk you through it. Contact us at (213) 583-5786 or complete our online contact form to speak with a personal injury attorney in Los Angeles.