The family of an elderly woman from Ontario is suing Tim Hortons for $500,000 after she suffered second-degree burns from a cup of hot tea she ordered from a drive-thru in May 2022. According to the statement of claim filed in December with the Ontario Superior Court of Justice, Jackie Lansing suffered injuries on her stomach and leg. Lansing had ordered a medium black tea with two additions of milk from a Tim Hortons location in Huntsville, Ontario, which was given to her by a worker through the drive-thru window.
Lansing recounted in an interview with CBC Toronto that she had remarked on the tea’s temperature and lifted the cup to check if there was milk in it when the cup suddenly collapsed, causing the hot tea to spill on her. Lansing and her family are now suing the Canadian franchisor of Tim Hortons, TDL Group Corp., and Greenwood Enterprises Inc., the owner of the location where the incident took place, for damages.
Burned by a cup of hot tea
However, both TDL Group Corp. and Greenwood Enterprises Inc. have denied any negligence in the matter. Tim Hortons has faced similar lawsuits in the past, including a case in 2015 where a woman sued the chain for $1.8 million after she was burned by a cup of hot tea, resulting in a settlement of $700,000. The incident sparked widespread discussions about the temperature at which restaurants serve hot beverages, and some chains have since lowered the temperature of their hot drinks to avoid such incidents.
“While Tim Hortons is a beloved Canadian institution, the incident has once again raised questions about the safety of their hot beverages and the potential for serious harm to customers. As the lawsuit progresses, it remains to be seen whether the defendants will be held responsible for the injuries suffered by Jackie Lansing” said Alistair Vigier, the CEO of ClearwayLaw, a lawyer rating website.
Suffering second-degree burns
Ten months after suffering second-degree burns from a cup of hot tea at a Tim Hortons drive-thru, an Ontario woman is suing the Canadian franchisor and the franchisee for $500,000 in damages. Jackie Lansing claims that a faulty and deficient cup led to the hot tea spilling on her stomach and legs. Her family is seeking compensation for expenses related to Lansing’s injuries, including medical costs, lost income, and the cost of caring for her.
In a statement of claim filed with the Ontario Superior Court of Justice in Toronto, Lansing’s lawyer argued that Tim Hortons was negligent in providing the hot tea at a scalding temperature and in a defective cup. The lawsuit identified TDL Group Corp., the franchisor of Tim Hortons, as the company responsible for supplying materials and maintaining standards at the Huntsville location, as well as the leaseholder of the property. Greenwood Enterprises, the franchisee that operates the restaurant, was also named in the lawsuit.
Damages for pain and suffering
Gavin Tighe, the lawyer representing Lansing’s family, said that restaurants have a responsibility to ensure that beverages are served at a safe temperature. Tighe argued that Tim Hortons has not taken sufficient action following previous incidents, such as one involving a woman in Winnipeg in 2013. However, in a statement of defence filed in February, lawyers for TDL and Greenwood denied any allegations of negligence and instead blamed Lansing for her injuries.
Lansing claims $450,000 in damages for pain and suffering, while her husband and sister are seeking $50,000 for the loss of guidance and care they provided to her. Lansing’s injuries have left her with scarring on the back of her legs and sores on her stomach. As the lawsuit proceeds, the question of whether restaurants have a duty of care to serve hot beverages at a safe temperature remains at the forefront of the debate.
A Tim Hortons franchisee and its franchisor are facing a lawsuit from an Ontario woman who says she suffered second-degree burns from a scalding cup of tea. The plaintiff is claiming $500,000 in damages, alleging that the restaurant was negligent in providing a tea that was too hot and a cup that was faulty. The lawsuit also claims that the defendants, Greenwood Enterprises and TDL Group Corp., did not fulfill their duty of care to the plaintiff.
Tim Hortons Tea Leaves Customer with Severe Burns and $500K Lawsuit
In response, a statement of defence filed in court by the defendants denied any negligence and argued that the tea was served and delivered with all due care. The defence also stated that the condition of the cup, even if it contributed to the spill, was not caused by any breach of care or duty on the part of the defendants.
The lawsuit has once again raised concerns about the safety of hot beverages and the temperatures at which they are served. The Tea Association of Canada recommends preparing tea at temperatures between 85°C and 100°C, depending on the type of tea. Meanwhile, the Burn Foundation in the United States warns that water at 68°C can cause third-degree burns in just one second.
Personal injury lawyers say that lawsuits involving hot beverage burns are common, and the likelihood of success depends on the ability of the plaintiff to prove negligence or the defendants to argue contributory negligence. As the case proceeds, the question of whether restaurants have a duty of care to ensure the safety of their hot beverages remains an issue of concern.
Ontario woman against Tim Horton
The lawsuit filed by an Ontario woman against Tim Hortons, alleging that she was scalded by a cup of hot tea, has once again raised concerns about the safety of hot beverages and the responsibility of restaurants to ensure that they are served at safe temperatures. The plaintiff is seeking $500,000 in damages, claiming that the tea was too hot and that the cup was faulty.
Tim Hortons’ Canadian franchisor, TDL Group Corp., and franchise owner, Greenwood Enterprises Inc., deny all allegations contained in the plaintiff’s statement of claim. Personal injury lawyers say that lawsuits involving hot beverage burns are common, and the success of such cases depends on whether negligence can be proven or the defendants can argue contributory negligence.
If the case goes to trial, experts are likely to be brought in to testify on issues such as the proper standards for serving hot beverages and the circumstances under which a cup like the one used in this case could be faulty. Meanwhile, the case is reminiscent of a high-profile U.S. case in the early 1990s, where a woman sued McDonald’s after suffering third-degree burns from a cup of hot coffee.
In that case, the jury found McDonald’s responsible for serving coffee that was too hot, and the plaintiff was awarded nearly $2.9 million in damages. Although the award was later reduced and the case was eventually settled out of court, the incident sparked a widespread discussion about the safety of hot beverages and led some restaurants to lower the temperature of their hot drinks.
