A family has initiated legal action against a prominent ski resort in the United States, alleging that a hot chocolate beverage 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 located in California, where the family had paused during a mid-morning ski break to enjoy a warm drink.
The lawsuit details that Brittany Burns and Joshua Moran Burns, along with their five-year-old daughter, stopped at a café within the resort to take a brief respite from skiing. the complaint, after the server prepared the hot chocolate and topped it with whipped cream, the drink was handed directly to the child without a protective lid. When the girl attempted to sip the beverage, the excessively hot liquid spilled inside her ski suit, causing painful burns on her chest and abdomen.
The legal filing accuses the resort and its employees of negligence, arguing that they were aware, or should have been aware, of the risks posed by serving beverages at such high temperatures, especially to minors. The family is seeking compensation for medical costs, loss of both past and future earnings, as well as damages for diminished quality of life due to the permanent scars the child now bears. Roger Dreyer, a personal injury lawyer based in Sacramento representing the Burns family, emphasized that while skiing inherently carries certain risks, this incident was avoidable and unrelated to the sport itself.
“Visitors to ski resorts accept the physical risks associated with skiing, but they do not expect to be harmed by something as basic as a hot drink being served at an unsafe temperature,” Dreyer explained. The burns, which occurred two years ago, have left lasting physical marks on the young girl, underscoring the severity of the incident. Meanwhile, a spokesperson for Vail Resorts, the parent company that owns Heavenly Mountain, declined to comment on the ongoing litigation.
This case is part of a broader pattern of lawsuits in the United States involving hot beverages. Notably, last year Starbucks faced a $50 million judgment after a customer was injured by a cup of tea. The company has also been targeted in other lawsuits where drivers claimed injuries from spilled drinks while operating vehicles. The legal landscape surrounding hot beverage injuries traces back to a landmark 1994 case against McDonald’s in New Mexico. In that case, 79-year-old Stella Liebeck was awarded over $2.8 million after she suffered burns from spilling hot coffee on herself. Although the award was later reduced, the case remains a pivotal example in discussions about tort reform and consumer safety.
As this lawsuit unfolds, it highlights ongoing concerns about safety protocols at recreational venues and the responsibility of service providers to protect consumers, especially vulnerable children, from preventable harm. The outcome could have implications for how ski resorts and similar establishments handle the serving of hot beverages in the future.
