A family has initiated legal action against a prominent ski resort in the United States, alleging that the hot chocolate served to their young daughter was dangerously hot, resulting in serious burns. The incident took place at Heavenly Mountain Resort, a well-known and upscale destination in California, where Brittany Burns and Joshua Moran Burns had stopped for a mid-morning refreshment break during a skiing outing with their five-year-old child.
the lawsuit, the server at the resort’s café prepared the hot chocolate by adding whipped cream on top and then handed the drink directly to the child without placing a protective lid on the cup. When the little girl attempted to take a sip, the excessively hot liquid spilled inside her ski suit, causing painful burns to her chest and abdomen. The family claims that the temperature of the beverage was not only unnecessarily high but also posed a clear safety risk that the resort staff should have anticipated and prevented.
The legal complaint seeks compensation for a range of damages, including medical expenses incurred from treating the burns, loss of past and future income due to the injury, and the emotional toll described as “loss of enjoyment in life.” The Burns family asserts that the resort and its employees acted negligently by failing to ensure the hot drink was served safely, especially to a minor, despite the known dangers associated with serving very hot beverages.
Roger Dreyer, a personal injury lawyer based in Sacramento representing the Burns family, highlighted the lasting impact of the accident, noting that the young girl has been left with permanent scarring. He emphasized that while skiing inherently carries certain risks, this particular incident falls outside those expected hazards. Dreyer pointed out that visitors to ski resorts do not anticipate being served drinks at temperatures that are unsafe for consumption, underscoring the unique nature of this case.
Vail Resorts, the parent company that owns Heavenly Mountain Resort, declined to comment on the lawsuit, citing ongoing legal proceedings. This case adds to a series of similar lawsuits in the United States where consumers have taken legal action over hot beverages causing injury. Notably, last year Starbucks was ordered to pay a customer $50 million after a hot tea spill caused injury, a case that was followed by additional claims involving hot drinks spilling on drivers.
The controversy over hot drinks and liability has a long history in the US legal system, dating back to a landmark 1994 case involving McDonald’s. In that case, 79-year-old Stella Liebeck was awarded over $2.8 million after suffering burns from spilled coffee, a verdict that sparked widespread debate about tort reform and consumer safety. Although the award was later reduced on appeal, the case remains a pivotal example of how courts address injuries caused by hot beverages and the responsibilities of businesses to protect their customers.
