California man wins £38.6 million in lawsuit over burns from Starbucks tea

Starbucks has lost the legal case but says it plans to appealStarbucks has lost the legal case but says it plans to appeal
Starbucks has lost the legal case but says it plans to appeal
A delivery driver has won £38.6 million in a lawsuit after being seriously burned when a Starbucks drink spilled in his lap at a California drive-through, court records show.

On Friday, a Los Angeles County jury found in favour of Michael Garcia, who underwent skin grafts and other procedures on his genitals after a venti-sized tea drink spilled instants after he collected it on February 8 2020.

He has suffered permanent and life-changing disfigurement, according to his legal team.

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Mr Garcia’s negligence lawsuit blamed his injuries on Starbucks, saying that an employee did not wedge the scalding-hot tea firmly enough into a takeaway tray.

One of Mr Garcia’s lawyers, Nick Rowley, said: “This jury verdict is a critical step in holding Starbucks accountable for flagrant disregard for customer safety and failure to accept responsibility.”

Starbucks said it sympathised with Mr Garcia, but plans to appeal.

“We disagree with the jury’s decision that we were at fault for this incident and believe the damages awarded to be excessive,” the Seattle-based coffee giant said in a statement to media outlets, adding that it was “committed to the highest safety standards” in handling hot drinks.

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US restaurants have faced lawsuits before over customer burns.

In one famous 1990s case, a New Mexico jury awarded a woman nearly three million dollars (£2.3 million) in damages for burns she suffered while trying to pry the lid off a cup of coffee at a McDonald’s drive-through.

A judge later reduced the award, and the case ultimately was settled for an undisclosed sum under 600,000 dollars (£463,000).

Juries have sided with restaurants at times, as in another 1990s case involving a child who tipped a cup of McDonald’s coffee onto himself in Iowa.

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