By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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Why children burn deeper
The American Burn Association’s scald prevention guide says “Young children have thinner skin resulting in deeper burns than adults.” The same guide notes that the standard table of how fast hot liquid burns rests on adult skin, and its authors write that these standards “have never been adjusted to account for the thinner skin in general of small children” (ABA guide). That adult table already shows a third-degree burn in about 1 second at 155°F.
| Fact | Figure | Source |
|---|---|---|
| Children 4 and under hospitalized for burns who are treated for scalds | About 65% | ABA guide |
| Scalds as a share of pediatric burn center cases | 58% | ABA fact sheet |
| Usual serving temperature of coffee, tea and hot chocolate | 160 to 180°F | ABA guide |
| Black tea or coffee made with boiled kettle water, after 10 minutes of cooling in a 230 ml mug (UK lab study) | Still above 65°C (149°F) | Burns, 2010 |
| Children under 5 in the United Kingdom scalded by pulling a cup of hot drink onto themselves, as reported in Burns | About 3 a day, 1,100 a year | Burns, 2010 |
| Who suffers most tap water scald injuries and deaths | The elderly and children under 5 | CPSC |
The ABA guide also describes how it happens: “Children get burned when they upset cups of coffee, hot tea, hot chocolate or other hot beverages.” The same guide notes that “the same cup of spilled coffee will burn a much larger percent of a small child’s body.” At a coffee shop the cup is often on a low table, in a stroller cup holder or in a car’s center console, all within a small child’s reach.
Reported incidents involving children at Starbucks
We do not name children. These are the incidents we could verify in news reports.
Brentwood, California, March 2017. A 2-year-old was burned on the face and arms by coffee at the Starbucks on Brentwood Boulevard and was flown to the UC Davis Burn Center. A fire battalion chief said he did not know how the liquid fell on the child (NBC Bay Area). A Starbucks spokesperson said, “We are saddened and concerned to have learned about what happened today,” and that the company was investigating (CBS San Francisco). We found no lawsuit reported.
Stuart, Florida, September 2011. According to the Martin County Sheriff’s Office, a large coffee and a large tea spilled on a 13-month-old girl as an adult was putting her into a portable high chair attached to a customer’s table at a Starbucks. She was burned over 18 percent of her body and flown to Jackson Memorial Hospital (CBS Miami).
Massachusetts, 2007 settlement. Starbucks agreed to pay $70,000, to be placed in a trust for the child, to a Massachusetts couple whose 7-month-old was scalded by hot coffee the year before, according to the Gloucester Daily Times as summarized by FastCasual (FastCasual).
San Fernando Valley teen. Reporting on a separate case, the Los Angeles Times noted that a San Fernando Valley teen had sued Starbucks alleging she was burned by hot tea, and that her drink was double-cupped but the lid popped off (Los Angeles Times via AOL). No outcome was reported.
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When a coffee shop can be responsible for a child’s burn
A store can be liable when an employee sets a hot drink where a small child can reach it, or hands over a cup with a loose lid that then spills on a child in the car. Expect the defense to argue that the adults with the child should have moved the cup or held it. That argument goes to how fault is shared, which our main Starbucks burn page explains. Our Starbucks lid and drive-thru page covers lid claims, and tea and hot water burns covers tea and plain hot water.
Deadlines for minors in California, Texas and Washington
All three states stop the clock on a child’s own injury claim while the child is under 18.
| State | Rule for minors | Adult deadline that then applies | Usual last day for the child’s claim |
|---|---|---|---|
| California | Time under 18 is not counted (CCP § 352) | 2 years (CCP § 335.1) | 20th birthday |
| Texas | Under 18 is a legal disability; that time is not counted (CPRC § 16.001) | 2 years (CPRC § 16.003) | 20th birthday |
| Washington | Time under 18 is not counted (RCW 4.16.190) | 3 years (RCW 4.16.080) | 21st birthday |
Three cautions. California’s tolling rule says it “shall not apply to an action against a public entity or public employee” (CCP § 352(b)), and claims against a California public entity must first be presented within six months (Gov. Code § 911.2). Texas requires notice to a governmental unit within six months (CPRC § 101.101), so if a city, county, school or other public body may share responsibility, for example at a cafe it runs, the claim needs a lawyer’s attention right away. And if a parent was burned too, the parent’s own claim runs on the adult deadline. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Waiting is rarely wise even when the law allows it. Store video, the cup and lid, and the names of employees on shift are gone long before a child turns 18.
Pediatric burn centers in the ABA directory
| State | ABA-verified centers listed for children |
|---|---|
| California | LA General Medical Center Regional Burn Center (Los Angeles); Torrance Memorial Burn Center; UCI Health Regional Burn Center (Orange); UC San Diego Health Regional Burn Center; Leon S. Peters Burn Center (Fresno); Bothin Burn Center at UCSF Health Saint Francis (San Francisco); Santa Clara Valley Medical Center Regional Burn Center (San Jose); Shriners Children’s Northern California (Sacramento, pediatric only) |
| Texas | Shriners Hospitals for Children – Texas (Galveston, pediatric); Parkland Burn Center (Dallas, adult and pediatric); Timothy J. Harnar Burn Center at UMC (Lubbock, adult and pediatric) |
| Washington | UW Medicine Regional Burn Center at Harborview (Seattle, adult and pediatric) |
Sources: ABA directory; California EMSA list, Dec. 2025; Harborview listing; Shriners Texas listing; Lubbock listing; Parkland; UW Medicine. In Sacramento, California’s EMSA list shows the UC Davis center as ABA-verified for adults and Shriners Children’s Northern California as ABA-verified for children. Addresses and the full list are on our burn centers page.
Talk to a burn injury lawyer
If your child was burned by a hot drink at Starbucks or any other coffee shop or drive-thru, call Beverly Law at (310) 552-6959 for a free consultation in English or Spanish. Beverly Law represents children and their parents in burn cases in California and Washington. 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. See our Starbucks burn page, the Garcia v. Starbucks verdict, our McDonald’s page and our burn injury lawyer page.
Common questions
How long do I have to file for my child's burn?
Usually until the child’s 20th birthday in California and Texas and 21st in Washington, but claims against public entities have much shorter notice rules.
My toddler grabbed the cup off the table. Can the coffee shop be responsible?
Possibly, if an employee put the drink within the child’s reach or the drink was unreasonably hot. The defense is likely to argue the adults should have moved it.
Should I wait until my child is older to see how the scars heal?
You can wait to settle, but do not wait to preserve evidence. Send the video request now and keep the cup, lid and clothing.
Which burn centers treat children?
In California, eight centers are ABA-verified for children, according to the state EMSA list. Texas has Shriners in Galveston, Parkland in Dallas and UMC in Lubbock, and Washington has Harborview in Seattle.
Is a coffee burn on a child the same as one on an adult?
No. The ABA says young children’s skin is thinner, so the same spill causes a deeper burn.
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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
Sources
- American Burn Association, Scald Injury Prevention Educator's Guide (thinner skin in young children; 65% of hospitalized (childburn.org)
- American Burn Association, Burn Incidence Fact Sheet (scalds 58% of pediatric cases) (ameriburn.org)
- U.S. Consumer Product Safety Commission, Publication 5098, "Avoiding Tap Water Scalds" (cpsc.gov)
- Jamnadas-Khoda et al., "How would you like your tea, vicar?", Burns 36(3):356-9 (2010), UK study of home-made hot drinks (pubmed.ncbi.nlm.nih.gov)
- CBS San Francisco, Brentwood Starbucks, March 28, 2017 (cbsnews.com)
- NBC Bay Area, Brentwood Starbucks, March 29, 2017 (nbcbayarea.com)
- CBS Miami, Stuart, Fla., Starbucks, Sept. 23, 2011 (cbsnews.com)
- FastCasual (citing the Gloucester Daily Times), Massachusetts settlement, Dec. 25, 2007 (fastcasual.com)
- Los Angeles Times via AOL (San Fernando Valley teen's tea suit, reported with Evans v. Starbucks) (aol.com)
- Cal. Code Civ. Proc. § 352 (leginfo.legislature.ca.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 § 16.001 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.gov)
- RCW 4.16.190 (app.leg.wa.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- American Burn Association, Find a Burn Center directory (verified centers and pediatric listings) (ameriburn.org)
- ABA directory listing, UW Medicine Regional Burn Center (Harborview), "Adult & Pediatric" (ameriburn.org)
- ABA directory listing, Shriners Hospitals for Children – Texas, "Pediatric" (ameriburn.org)
- ABA directory listing, Timothy J. Harnar Burn Center (Lubbock), "Adult & Pediatric" (ameriburn.org)
- California EMSA, ABA Verified and LEMSA Designated Burn Centers (adult and pediatric columns), updated Dec. 2, 2025 (emsa.ca.gov)
- Parkland Health, burn center re-verified as adult and pediatric (parklandhealth.org)
- UW Medicine, Regional Burn Center at Harborview, ABA verification (nwrbms.uw.edu)
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.