Starbucks Sued Over Hot Coffee Spill In Drive-Thru

TOMBALL, TX — Starbucks is facing another hot coffee lawsuit this summer.

In Tomball, Texas, Mary Simms claims she was given the wrong drink while in a drive-thru at a Starbucks in the Houston suburb on April 14. As Simms was handing the drink back to the barista, the lid fell off and coffee spilled on her lap, the lawsuit that was filed in Harris County District Court a week ago states.

"As a result of the spill, (Simms) sustained first and second-degree burns causing severe personal injuries and damages," the lawsuit said, according to a Business Insider report.

The coffee was “scalding hot,” causing Simms to sustain first and second-degree burns, the lawsuit states. It accuses Starbucks of failing to create a safe environment, protect customers from unreasonably unsafe conditions, properly secure the lid, properly train and supervise employees, and eliminate risks to customers, the Fort Worth Star-Telegram was among the first to report.

Starbucks spokesperson Carla Amundaray told Patch the company is aware of the claim, and investigating it.

“We take our responsibility to provide a safe environment seriously, and our partners (employees) take great pride in ensuring our beverages are crafted with care, and delivered to our customers safely,” Amundaray said.

Starbucks has been sued before over hot coffee spills.

A Florida woman won $100,000 in 2017 after she was severely burned as the lid popped off her coffee, according to an ABC-13 report on the Simms case against Starbucks. A year earlier in Houston, a woman claimed her skin was scalded by hot coffee when an employee dropped the drink while handing it to her.

Stella Liebeck initially won nearly $3 million in her famous 1990s hot coffee case against McDonald’s, although the award was later reduced to less than $500,000, according to The American Museum of Tort Law.

Simms is seeking up to $75,000, according to Business Insider.

Sara Autio, another Starbucks spokesperson, told the Star-Telegram all Starbucks drinks are “served at a temperature within industry standards, and our partners take great care to ensure the beverages are safely handed off to the customer.”