By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
For burn claims of every kind, start at our burn injury lawyer page.
How fast hot liquid burns: the ABA and CPSC tables
The American Burn Association’s Scald Injury Prevention Educator’s Guide reproduces a table from the 1947 Moritz and Henriques skin studies. The U.S. Consumer Product Safety Commission’s tap water scald publication gives its own figures. Both describe adult skin.
| Water temperature | ABA: time to a third-degree burn | CPSC: time to a third-degree burn |
|---|---|---|
| 155°F (68°C) | about 1 second | not listed |
| 150°F | not listed | 2 seconds (most adults) |
| 148°F (64°C) | about 2 seconds | not listed |
| 140°F (60°C) | about 5 seconds | 6 seconds |
| 133°F (56°C) | about 15 seconds | not listed |
| 130°F | not listed | 30 seconds |
| 127°F (52°C) | about 1 minute | not listed |
| 120°F (48°C) | about 5 minutes | 5 minutes could cause one |
The ABA table stops at 155°F because it has already reached about one second there, so a drink served hotter than that is past the end of the table.
How hot coffee and tea are served
| Source | What it reports |
|---|---|
| Brown and Diller, Burns (2008) | Hot beverages such as coffee are frequently served at 160°F to 185°F; the authors calculate an optimum drinking temperature of about 136°F |
| ABA guide | Coffee, tea and hot chocolate are usually served at 160°F to 180°F, “resulting in almost instantaneous burns that will require surgery” |
| Abraham and Diller, Journal of Food Science (2019) | Brewing temperatures are often around 200°F; an appropriate serving range is 130°F to 160°F |
| Public Citizen on the Liebeck trial | McDonald’s corporate standard was to sell coffee at 180°F to 190°F |
A drink handed over at 170°F is already past the hottest row of the ABA table. Our hot beverage temperatures page lists serving temperatures by chain where a public source or court record states one.
Free burn injury case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
Where scalds happen
Coffee shops and drive-thrus. Cup cases often involve a lid that came off, a cup not seated in a carrier, or a handoff through a car window. See drive-thru burns.
Restaurant kitchens. Washington’s SHARP program identified 49 restaurant food workers hospitalized for work-related scalds from January 1, 2000, through December 1, 2008; cooking oils caused 49% of those burns, water 32% and steam 7% (Washington L&I).
Rentals. The CPSC urges setting water heaters to 120°F. Washington made that law: under RCW 19.27A.060, when a new tenant moves into a unit with an accessible individual water heater, the owner must set it no higher than 120°F. A resident who later turns it up relieves the owner of liability for that change, and buildings with central water heaters are excluded.
Children. Scalds make up 58% of pediatric cases in ABA burn center data (ABA fact sheet).
Care facilities. A bath or shower scald in a nursing home can be elder neglect in California (Welf. & Inst. Code § 15610.57) and Washington (RCW 74.34.200).
The McDonald’s coffee case: Liebeck
In 1992, Stella Liebeck, then 79, spilled McDonald’s coffee in her lap in Albuquerque, New Mexico, and suffered third-degree burns that kept her in the hospital eight days and required skin grafts (American Museum of Tort Law; Public Citizen). According to Public Citizen’s account, McDonald’s standard was to sell coffee at 180°F to 190°F, and the company had received more than 700 reports of coffee burns from 1982 to 1992 (Public Citizen). In August 1994 the jury awarded $200,000 in compensatory damages, reduced to $160,000 for her 20% share of fault, plus $2.7 million in punitive damages (NPR via Connecticut Public; American Museum of Tort Law). The judge cut the punitive award to $480,000, and the parties settled for a confidential amount reported to be under $500,000 (American Museum of Tort Law). Full write-up: the McDonald’s hot coffee case.
The Starbucks tea case: Garcia
Michael Garcia, a delivery driver, was burned on February 8, 2020, when a venti hot tea spilled into his lap at a Los Angeles Starbucks drive-thru; he alleged an employee failed to secure the drink in the carrier (AP via Claims Journal). He suffered third-degree burns, nerve damage and permanent injury to his genitals, requiring skin grafts (CBS Los Angeles). In Garcia v. Starbucks Corp., Los Angeles Superior Court No. 20STCV10214 (Courtroom View Network), the jury awarded $50 million on March 14, 2025 (ABC7). On June 4, 2025, Judge Frederick Shaller denied Starbucks’ motions for a new trial or a reduced judgment (Courthouse News). Starbucks said it would appeal, but the case settled in June 2025 and was dismissed in July 2025; the terms were not made public (LASC case summary). Full write-up: Garcia v. Starbucks.
Pages on specific coffee chains
Each of these pages is built from court records and news reports about that chain:
Beverly Law is not affiliated with any of these companies.
Who can be responsible
The business that served the drink is the usual defendant, and the cup or lid maker can be a second one when a lid releases under normal handling. California applies strict liability to defective products (Greenman v. Yuba Power Products), Texas requires proof of a safer alternative design in a design-defect claim (CPRC § 82.005), and Washington covers design and warning defects (RCW 7.72.030). Keep the cup and lid. For tap water, look to the landlord or property manager.
Fault and deadlines
California and Washington reduce the award by your share of fault with no cutoff (Li v. Yellow Cab; RCW 4.22.005); Texas bars recovery above 50% (CPRC § 33.001).
| State | Deadline to sue | Public entity (school, county hospital) |
|---|---|---|
| California | 2 years (CCP § 335.1) | 6-month claim (Gov. Code § 911.2) |
| Texas | 2 years (CPRC § 16.003) | 6-month notice, shorter under some city charters |
| Washington | 3 years (RCW 4.16.080) | Claim, then 60-day wait (RCW 4.96.020) |
After a scald
- Keep the cup, lid, sleeve, carrier and receipt or app order.
- Photograph the burn as it changes, and keep the clothing.
- For a tap water scald, photograph the water heater label and dial before anyone touches it.
- Ask about a burn center. The ABA calls for immediate consultation for partial-thickness burns of 10% or more of body surface, any full-thickness burn, and deep burns to the face, hands, feet, genitals, perineum or joints (ABA referral guidelines).
Fire burns in rentals are on our apartment fires page, and burns from cleaners on our chemical burns page.
Scald burn FAQ
How hot does coffee have to be to cause a third-degree burn?
Under the ABA table, water at 155°F causes a third-degree burn in adult skin in about one second and 140°F in about five. Brown and Diller report that hot drinks are frequently served hotter than that, at 160°F to 185°F.
Can I sue if I spilled the drink myself?
You may still have a claim if the temperature, the lid or the handoff made the injury worse. Your share of fault reduces the award, and in Texas it bars recovery only above 50%.
Did Stella Liebeck really get $2.7 million?
No. After trial the judge lowered the punitive damages to $480,000. Liebeck and McDonald’s then settled privately, and news accounts put the amount below $500,000.
What happened in Garcia v. Starbucks?
A Los Angeles jury awarded $50 million on March 14, 2025, for third-degree burns from a spilled venti tea. The judge denied Starbucks’ post-trial motions in June 2025. Starbucks had said it would appeal, but the case settled later that month and was dismissed in July 2025; the terms were not made public.
Talk to a scald burn lawyer
If hot coffee, tea, food or tap water burned you or your child, call Beverly Law at (310) 552-6959 for a free consultation in English or Spanish. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Burn injury lawyer — Beverly Law
If you or your child was burned because of someone else in California, Texas and Washington, talk to a burn injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Sources
- American Burn Association, Scald Injury Prevention Educator's Guide (time-to-burn table based on Moritz and Henriques 19 (childburn.org)
- U.S. Consumer Product Safety Commission, Publication 5098, Avoiding Tap Water Scalds (cpsc.gov)
- Brown F, Diller KR. Calculating the optimum temperature for serving hot beverages. Burns 2008;34(5):648-54 (pubmed.ncbi.nlm.nih.gov)
- Abraham J, Diller K. A Review of Hot Beverage Temperatures. Journal of Food Science 2019;84(8) (Oregon State University (foodsci.oregonstate.edu)
- American Burn Association, Burn Incidence fact sheet (scalds 58% of pediatric cases; 61% of burn incidents at private re (ameriburn.org)
- American Burn Association, burn center referral guidelines (ameriburn.org)
- Washington L&I SHARP, Scald Burns in Restaurant Workers (2009) (lni.wa.gov)
- app.leg.wa.gov/RCW/default.aspx
- lawfilesext.leg.wa.gov/Law/RCW/RCW%20%2019%20%20TITLE/RCW%20%2019%20.%2027A%20CHAP
- Cal. Welf. & Inst. Code § 15610.57 (leginfo.legislature.ca.gov)
- RCW 74.34.200 (app.leg.wa.gov)
- American Museum of Tort Law, Liebeck v. McDonald's (tortmuseum.org)
- Public Citizen, Legal Myths: The McDonald's Hot Coffee Case (citizen.org)
- NPR via Connecticut Public, Aug. 18, 2024 (verdict anniversary) (ctpublic.org)
- Courtroom View Network, Garcia v. Starbucks Corp., LASC No. 20STCV10214 (cvn.com)
- AP via Claims Journal, March 17, 2025 (amp.claimsjournal.com)
- CBS Los Angeles, March 15, 2025 (cbsnews.com)
- ABC7 Los Angeles, March 15, 2025 (abc7.com)
- Courthouse News Service, post-trial ruling (June 4, 2025) (courthousenews.com)
- Greenman v. Yuba Power Products (Cal. 1963) (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code § 82.005 (statutes.capitol.texas.gov)
- RCW 7.72.030 (app.leg.wa.gov)
- Li v. Yellow Cab Co. (Cal. 1975) (scocal.stanford.edu)
- RCW 4.22.005 (app.leg.wa.gov)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Cal. Gov. Code § 911.2 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- RCW 4.96.020 (app.leg.wa.gov)
- Los Angeles Superior Court, case summary for Garcia v. Starbucks, No. 20STCV10214 (post-trial motions denied June 4, 202 (cap.lacourt.ca.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.