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    Home » Tim Hortons Sued for $500K After Serving Boiling Hot Tea That Left an Ontario Woman Badly Burned
    Canada

    Tim Hortons Sued for $500K After Serving Boiling Hot Tea That Left an Ontario Woman Badly Burned

    Alistair VigierBy Alistair VigierMarch 17, 2023No Comments4 Mins Read

    You’re not alone if you’ve ever grabbed a tea from Tim Hortons and felt like it was near boiling point. But for one Ontario woman, the consequences were far worse than a burned tongue. Jackie Lansing and her family are suing Tim Hortons for half a million dollars. She suffered severe burns from a cup of boiling hot tea in May 2022.

    A serious comic-style illustration of a drive-thru accident where a customer spills boiling hot tea onto their lap after the cup collapses, with steam rising and expressions of shock and pain.

    According to court documents, Lansing had a medium black tea with two splashes of milk at a Tim Hortons drive-thru. She claims the moment she picked up the cup, it collapsed in her hand. The tea spilled all over her stomach and legs. She ended up with second-degree burns. She says she could have been avoided if Tim Hortons had used safer cups and served their tea at a reasonable temperature.

    Her lawsuit targets TDL Group Corp., Tim Hortons’ franchisor, and Greenwood Enterprises Inc., the company operating that specific location. Both parties deny any wrongdoing.

    This Isn’t the First Time Tim Hortons Has Been Sued Over Boiling Hot Tea

    Hot coffee and tea lawsuits aren’t new. One of the most famous cases was the 1992 McDonald’s lawsuit where an elderly woman suffered third-degree burns from a cup of 88°C (190°F) coffee and was awarded $2.9 million (later reduced). Tim Hortons itself has faced similar lawsuits before. In 2015, a woman sued them for $1.8 million after being burned by a boiling hot tea. That case settled for $700,000, proving that courts take these injuries seriously.

    Burn injuries from boiling hot tea or coffee can be severe. The Burn Foundation states that liquid at 68°C (154°F) can cause third-degree burns in just one second. Many fast-food chains still serve drinks much hotter than that. The Tea Association of Canada recommends brewing tea at 85°C to 100°C (185°F to 212°F), but serving it at that temperature to customers is another story. Some chains have lowered their drink temperatures in response to lawsuits, but Tim Hortons has yet to publicly change their policies.

    What’s the Lawsuit About? It’s About Boiling Hot Tea

    Lansing’s lawsuit argues that Tim Hortons was negligent in multiple ways:

    • Serving tea at a dangerously high temperature
    • Providing a defective cup that collapsed
    • Failing to warn customers about the risks of their boiling hot tea

    She’s asking for $500,000 in damages, which covers medical expenses, lost wages, pain and suffering, and care provided by her family. Her husband and sister are also seeking $50,000 for the additional burden they took on while helping her recover.

    Tim Hortons’ legal team, however, is pushing back. In their statement of defense, they deny any fault, arguing that they served the tea properly and that Lansing was responsible for her own injuries. Essentially, they’re saying the tea was hot (as expected), and whatever happened after the handoff wasn’t their problem.

    Why Does This Keep Happening?

    This case raises a larger question: Should restaurants be required to serve hot drinks at a lower temperature? While no one expects their tea to be lukewarm, there’s a fine line between hot and dangerously scalding. Starbucks and McDonald’s have made adjustments in response to past lawsuits, but Tim Hortons seems to be sticking to the status quo.

    Personal injury lawyers say cases like these boil down to proving negligence. The plaintiff has to show that Tim Hortons either knew or should have known their boiling hot tea was unsafe, and that they failed to take reasonable precautions. Meanwhile, the defense will likely argue that hot tea is supposed to be hot, and Lansing should have been more careful.

    If the case goes to trial, expert witnesses may be brought in to discuss safe serving temperatures. Including whether Tim Hortons’ cups meet industry standards. If a settlement happens, we may never know the full outcome—just like in previous cases where Tim Hortons quietly paid out settlements.

    The Bottom Line: Boiling Hot Tea

    Tim Hortons isn’t the only company facing heat over boiling hot tea injuries, but given their history, they might want to rethink how they handle hot beverage safety. Whether Lansing wins her lawsuit or not, her case highlights an ongoing issue: restaurants serving drinks far hotter than necessary, sometimes in cheap, flimsy cups that can’t handle the heat.

    As for customers? If you’re picking up tea from a drive-thru, maybe double-cup it. If this case proves anything, it’s that boiling hot tea can do serious damage..


    Author: Alex Renshaw
    Alex Renshaw is a legal affairs writer with a background in investigative journalism. He specializes in consumer safety and corporate negligence cases.

    Canada
    Alistair Vigier

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