McDonald's Burn Lawsuits: the Hot Coffee Case, Recent Claims, and How to Sue (Updated November 2026)

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Beverly Law is not affiliated with McDonald’s.

What to do after a McDonald’s burn

1. Cool the burn. For a minor burn with unbroken skin, MedlinePlus says to run cool water, not ice water, over it for at least 5 to 30 minutes, and not to remove clothing stuck to the skin. Call 911 if the burn is about the size of your palm or larger (MedlinePlus).
2. Get burn center care for a deep burn. The American Burn Association recommends burn center consultation for any full-thickness burn, partial-thickness burns of 10% or more of body surface, and deep burns of the face, hands, feet, genitals, perineum or over any joint (ABA referral guidelines).
3. Keep the cup, lid, tray and food box, bagged and unwashed. A lid that does not snap onto its cup is evidence.
4. Photograph the burn the same day and as it changes, along with the wet clothing and the car seat.
5. Keep the receipt or app order that shows the restaurant and the time.
6. Ask for the drive-thru video in writing within days, sent to the franchisee that runs the restaurant and to McDonald’s. The jury in the Florida McNugget case saw the drive-thru surveillance video. Use our evidence preservation letter and the after-a-burn checklist.

Who runs the restaurant

McDonald’s reported in its 2024 annual report that about 95% of its 43,477 restaurants worldwide were franchised, including 95% in the U.S., where it had 13,557 restaurants at year end (McDonald’s Form 10-K).

The Florida McNugget case named McDonald’s USA and its franchise operator, Upchurch Foods, and a San Mateo County suit named McDonald’s and McEng Enterprises. California suits often name McDonald’s Restaurants of California Inc.

Whether the brand itself answers for a crew member’s mistake depends on control. In a 2014 sexual harassment case, the California Supreme Court held that a franchisor becomes potentially liable for a franchisee’s employees only if it has retained or assumed a general right of control over matters such as hiring, supervision, discipline and the relevant day-to-day aspects of their workplace behavior (Patterson v. Domino’s Pizza, 2014).

How McDonald’s burns happen

Lids at the window. Two recent California suits below allege the lid was not secured when coffee was handed through the drive-thru window.

No tray. The San Mateo County tea suit alleges two cups of hot tea were handed over without a cardboard tray, even though, according to the complaint, McDonald’s policies call for trays when drinks are sold “in such quantities,” and that a lid popped off as the customer reached for a cup (Legal Newsline).

Hot food. In the Florida case, a Chicken McNugget fell between a 4-year-old’s thigh and her seat belt as her mother pulled away from the drive-thru. The family said the nugget was above 200°F and the defense said it was cooler, but both sides agreed it caused the burn (AP via Claims Journal).

Temperature. No source we reviewed states McDonald’s current serving temperature. In the Liebeck case three decades ago, Public Citizen reports, the company’s own standard was 180°F to 190°F (Public Citizen).

The U.S. Consumer Product Safety Commission says most adults suffer third-degree burns after 2 seconds in 150°F water (CPSC). These are tap-water figures; a drink in a cup can be much hotter.

Reported cases involving McDonald’s

Liebeck v. McDonald’s Restaurants (New Mexico, verdict August 18, 1994). Stella Liebeck, 79, bought coffee at an Albuquerque drive-through in 1992 and spilled it in the parked car while adding cream and sugar, suffering third-degree burns that required skin grafts. According to Public Citizen’s account of the trial, McDonald’s had received more than 700 reports of burns from its coffee between 1982 and 1992 (Public Citizen). The jury found her 20% at fault and awarded $2.7 million in punitive damages, which the judge cut to $480,000; the parties then settled confidentially (American Museum of Tort Law; Connecticut Public/NPR). More on the McDonald’s hot coffee case.

Suit by a Florida girl’s parents against McDonald’s USA and Upchurch Foods (Broward County, Florida, verdict July 19, 2023). The girl was 4 in 2019 when a McNugget from a Tamarac drive-thru gave her second-degree burns on her leg. One jury found McDonald’s USA and the franchisee liable in May 2023, and a second awarded $800,000 that July. McDonald’s said it follows food safety rules requiring McNuggets to be hot enough to avoid salmonella and that what happens to food after it leaves the drive-thru window is beyond its control (AP via Claims Journal).

Childress v. McDonald’s Restaurants of California Inc. (San Francisco Superior Court, filed September 2023). Mabel Childress, in her 80s, alleges the drive-thru crew at 1100 Fillmore Street did not tightly secure her coffee lid, and the coffee spilled into her lap, causing severe burns. The franchisee who owns and operates the restaurant, Peter Ou, said his crews are trained to make sure lids on hot drinks are secure, and that when Childress reported the spill later that day, staff spoke with her within a few minutes and offered help (FOX LA). We found no reported outcome.

Villamejor v. McDonald’s and McEng Enterprises (San Mateo County Superior Court). Catherine Villamejor alleges that on October 25, 2020, at a South San Francisco drive-thru, two teas were handed over without a tray, a lid popped off and she suffered second- and third-degree burns to her left upper leg and thigh. The suit seeks punitive damages (Legal Newsline). We found no reported outcome.

Shahabi v. McDonald’s Restaurants of California Inc. (Los Angeles Superior Court). Pamela Shahabi alleged that on November 17, 2024, at a Koreatown drive-thru on South Vermont Avenue, a lid that was not secured or did not fit the cup fell off and coffee spilled into her lap, burning her left inner thigh and leg. She sued for negligence and strict products liability. McDonald’s denied the allegations. MyNewsLA reported in December 2025 that she reached a settlement, with the case resolved on November 19 and no terms revealed in the court papers (MyNewsLA).

Liability and deadlines by state

A claim against a restaurant is usually negligence in handing over the hot order. If a lid or cup failed, a product claim may run against its maker. In California, a manufacturer is strictly liable for a defective product that injures someone (Greenman v. Yuba Power Products). In Texas, a design defect claimant must prove a safer alternative design existed (CPRC § 82.005). In Washington, the Product Liability Act governs (RCW 7.72.030).

Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

Related pages

Burn injury lawyer · Scald burns · Drive-thru burns · Starbucks burns · Dunkin’ burns · The McDonald’s hot coffee case · California burn injury lawyer

Talk to a burn injury lawyer

If a McDonald’s drink or meal burned you or your child, call Beverly Law at (310) 552-6959. We review McDonald’s burn claims at no charge and in confidence, in English or Spanish. You owe no fees or costs unless we win.

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Burn Injury Lawyer

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.