By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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What you have to prove
A coffee burn case is usually a negligence case. You show that the business failed to use ordinary care and that the failure caused your burn and your losses. In California the rule is in Civil Code § 1714(a).
The facts are usually specific. In Garcia v. Starbucks, a delivery driver alleged an employee did not wedge a venti tea firmly enough into a takeout tray at a drive-thru. In Mogavero v. Starbucks, a lid came off. See drive-thru burns.
If the cup or lid itself failed, its maker can be sued too, under strict liability in California (Greenman v. Yuba Power Products) and Washington’s Product Liability Act (RCW 7.72.030). That claim needs the lid, so keep it.
Why the temperature matters
The published figures explain why coffee burns so fast:
| Source | What it reports |
|---|---|
| American Burn Association scald guide | Hot drinks are usually served at 160°F to 180°F, causing almost instant burns that require surgery |
| Brown and Diller, Burns (2008) | Hot beverages are frequently served at 160°F to 185°F |
| Abraham and Diller, Journal of Food Science (2019) | Recommended service range of 130°F to 160°F |
| Public Citizen on Liebeck | McDonald’s own standard at the time was 180°F to 190°F |
A drink served well above the recommended range often becomes the center of the case. See scald burns for how temperature and contact time combine.
Reported coffee and tea verdicts (other lawyers’ cases)
From public reporting on other firms’ cases. These are not Beverly Law results and do not predict any other outcome.
| Case | Where and when | Injury | Reported outcome |
|---|---|---|---|
| Liebeck v. McDonald’s | Albuquerque, N.M., verdict Aug. 18, 1994 | Third-degree burns, 8 days in hospital, skin grafts | $200,000 compensatory, cut to $160,000 for 20% fault; $2.7 million punitive, reduced by the judge to $480,000; later settled confidentially (Tort Museum, NPR) |
| Mogavero v. Starbucks | Jacksonville, Fla., May 2017 | First- and second-degree burns | $100,000; Starbucks found 80% at fault (ABA Journal) |
| Garcia v. Starbucks | Los Angeles Superior Court, March 14, 2025 | Third-degree burns, nerve damage, skin grafts | $50 million; Starbucks said it would appeal, but the case settled in June 2025 (terms not public) and was dismissed in July 2025 (LASC) (ABC7, CBS Los Angeles) |
Our McDonald’s hot coffee case page tells the Liebeck story in full.
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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.
When the business says you caused it
Expect the argument that you were holding the cup.
| State | Rule |
|---|---|
| California | Your recovery is reduced by your share of fault, with no cutoff (Li v. Yellow Cab) |
| Texas | Reduced by your share, and barred if you are more than 50% responsible (CPRC § 33.001) |
| Washington | Reduced by your share, with no cutoff (RCW 4.22.005) |
When a coffee burn is not a case
A first-degree burn, red and dry with no blisters, usually heals in three to six days (American Family Physician, 2020) and rarely supports a lawsuit. Deep burns to the face, hands, feet, genitals or joints call for immediate burn center consultation under the American Burn Association’s referral guidelines. See what degree burn hot coffee causes.
The deadline to sue is two years in California (CCP § 335.1) and Texas (CPRC § 16.003) and three years in Washington (RCW 4.16.080).
What this means for your case
Keep the cup and lid, screenshot the receipt or app order, and photograph the burn daily. Store video can be recorded over quickly, so ask a lawyer to send a preservation letter right away. Your case will turn on how the spill happened and how deep the burn went. Our burn injury lawyer page explains the rest of the process.
Talk to a burn injury lawyer
Beverly Law handles coffee and hot drink burn cases in California and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Call (310) 552-6959 for a free consultation, in English or Spanish. You owe no fees or costs unless we win.
Common questions
Can I sue if I spilled the coffee myself?
Sometimes. If the lid was loose or the cup was not seated, the spill may trace back to the store even though it happened in your hands. In Liebeck, the jury found the customer 20% at fault and still held McDonald’s responsible for the rest.
How much is a coffee burn case worth?
It depends on depth, location, grafts and fault. See our FAQ on burn injury settlement amounts.
Does the burn have to be treated at a burn center?
No, but burn center records carry weight because they document depth and size. The ABA calls for immediate burn center consultation for deep burns of the hands, face or genitals and for partial-thickness burns of 10% or more of the body, so ask about a referral if your burn fits.
Can I sue Starbucks specifically?
Yes, under the same rules. See how hot Starbucks coffee is.
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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
Burn Injury Lawyer · Burn injury questions
Sources
- American Burn Association, Scald Injury Prevention Educator's Guide (scald table; hot drinks usually served 160-180°F) (childburn.org)
- Brown F, Diller KR, Burns 2008 (hot beverages frequently served 160-185°F) (pubmed.ncbi.nlm.nih.gov)
- Abraham JP, Diller KR, "A Review of Hot Beverage Temperatures," Journal of Food Science 84(8), 2019 (recommended service (foodsci.oregonstate.edu)
- Public Citizen, Legal Myths: The McDonald's Hot Coffee Case (180-190°F standard; 700+ burn reports; 8 days in hospital, (citizen.org)
- American Museum of Tort Law, Liebeck v. McDonald's (damages, 20% fault, punitive reduction, confidential settlement) (tortmuseum.org)
- NPR via Connecticut Public, Aug. 18, 2024 (Liebeck verdict date) (ctpublic.org)
- ABA Journal, May 22, 2017 (Mogavero v. Starbucks, $100,000, 80% fault) (abajournal.com)
- ABC7 Los Angeles, March 15, 2025 (Garcia verdict, Starbucks plans to appeal) (abc7.com)
- CBS Los Angeles, March 15, 2025 (Garcia injuries and grafts) (cbsnews.com)
- AP via Claims Journal, March 17, 2025 (Garcia: delivery driver, venti tea, drive-thru) (amp.claimsjournal.com)
- Lanham JS et al., "Outpatient Burn Care: Prevention and Treatment," American Family Physician 2020;101(8):463-470 (heali (aafp.org)
- American Burn Association, Burn Center Referral Guidelines (ameriburn.org)
- leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml
- california.public.law/codes/ca_civ_code_section_1714
- Greenman v. Yuba Power Products (1963) 59 Cal.2d 57 (scocal.stanford.edu)
- RCW 7.72.030 (app.leg.wa.gov)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
- RCW 4.22.005 (app.leg.wa.gov)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- RCW 4.16.080 (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.