An Ontario woman has launched a lawsuit seeking $500,000 from Tim Hortons after she suffered major burns from an alleged ‘superheated’ tea. The company denies all allegations and said she was ‘the author of her own misfortune.'
The cup that Lansing claims was not structurally sound can be seen on the left, , alongside a photo of a burn suffered by Lansing .An Ontario woman and her family have launched a civil lawsuit seeking $500,000 in damages from Tim Hortons after she allegedly suffered second-degree burns across her stomach, genitals, and legs from a “superheated" tea.
“As a result, approximately 14 ounces of scalding hot liquid spilled on Ms. Lansing’s stomach and legs,” her claim reads. “The tea provided was a hazard rather than a beverage.” “She immediately had to go to the emergency department and suffered serious burns to her torso and legs,” he said. Since the incident, her claim states she suffers from ongoing issues such as hypersensitive skin that requires daily SPF, low tolerance to temperature, chemicals, sunlight, and form-fitting clothes, ongoing weight gain, and a negative self-image.She also alleges her mental health has declined and that she frequently is “afraid, anxious, gloomy, depressed, and “tearful.”David Taub, partner at Robins Appleby LLP in Toronto, said that a successful negligence claim needs to establish five elements.
When serving thousands of hot beverages a day, Tim Hortons can be reasonably expected to experience spills on occasion, Taub said. Within her case, Lansing will need to prove that the temperature of the tea was so hot that it exceeded a burn that could be “reasonably” expected in such settings. “You would expect, in any normal case, that your cup would be adequate to hold the contents inside, and so, if it all of a sudden it dumps out onto you, you'll have some sort of harm suffered from the hot drinking spilled on you,” Taub said.
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