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
Beverly Law is not affiliated with Starbucks. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
The company-wide case table is on our Starbucks burn injury lawyer page, and the general guide to burn claims is at burn injury lawyer.
Two reported Starbucks burn suits from the Houston area
Local news covered two Houston-area burn suits against Starbucks. Both are allegations. Our sources report no verdict, ruling or settlement in either one.
| Reported | Who and where | What the suit alleged | Starbucks’ response as reported |
|---|---|---|---|
| June 2016, ABC13 | Katherine Mize, Houston | Sued Starbucks and the employee who, she says, dropped the coffee on her as it was handed to her; she says she lost a month of work | “The health and safety of our customers and partners (employees) is always our top priority. We are evaluating the customer’s claims and determining the appropriate next steps.” |
| Sept. 2021, FOX 26 | Simms, drive-thru at 28103 Tomball Parkway, Harris County | In April 2021 the lid came off while the wrong coffee was being handed back; first- and second-degree burns; less than $75,000 sought | “We are aware of and investigating Ms. Simms’ claim.” |
Sources: ABC13, FOX 26 Houston.
Both suits describe a hot cup passing between an employee’s hand and a customer’s, and in Simms a wrong order meant one more handoff at the window. The $50 million Garcia v. Starbucks verdict in Los Angeles also started at a drive-thru, where one of three drinks, according to the plaintiff’s side, had not been pushed fully into the carrier (ABC7). 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). Lid failures at the window have their own page: Starbucks drive-thru lid burns.
Evidence to keep after a drive-thru spill in your car
A drive-thru burn leaves evidence inside the vehicle as well as in the cup. Before anything is cleaned or thrown out:
- Photograph the seat, console and floor mat. The stain shows where the drink landed and roughly how much came out of the cup.
- Bag the cup, lid and any carrier together, unrinsed. If the lid split or warped, that piece is the evidence.
- Write down the order sequence. If a drink was swapped or remade, note which cup went back through the window and which one spilled.
- Save the app order or card receipt. It ties the burn to one store and a time, which is how the footage gets located.
- Keep any dashcam or phone video in its original file.
- Send the video request within days. In Felder v. MGM National Harbor, footage recorded over after 14 days was not spoliation because the request came too late (EDRM). If the counter sits inside another business, send a copy to that business too. Starbucks’ annual report says employees at licensed locations must follow Starbucks’ “detailed store operating procedures” (Form 10-K).
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 a Houston case is filed and where burns are treated
The Harris County civil district courts are in the Civil Courthouse at 201 Caroline downtown. The District Clerk’s Civil Intake office is on the first floor, Suite 110 (Harris County District Clerk).
In Simms, the suit says the coffee spilled onto her lap. The American Burn Association recommends burn center referral for deep partial- or full-thickness burns of the genitals, perineum, hands or feet (ABA referral criteria).
| Burn unit | City | ABA status |
|---|---|---|
| John S. Dunn Burn Center, Memorial Hermann-Texas Medical Center | Houston | Listed by the ABA as another burn center (not ABA-verified) |
| Blocker Burn Unit, UTMB | Galveston | ABA-verified |
| Shriners Children’s Texas | Galveston | ABA-verified |
Status from the ABA directory; unit details from Memorial Hermann and UTMB Health. More local detail is on our Houston burn injury lawyer page.
Texas law for a Houston Starbucks burn
| Issue | Texas rule | Statute |
|---|---|---|
| Deadline to sue | Two years after the cause of action accrues | CPRC § 16.003 |
| Your share of fault | Award reduced by your percentage; nothing if you are more than 50% responsible | § 33.012, § 33.001 |
| Store on public property, such as an airport terminal or a public campus, where a city, county or other governmental unit may share responsibility | Written notice to the governmental unit within six months of the incident; a city charter can set its own period | § 101.101 |
| Burned child | Time under age 18 is not counted | § 16.001 |
Houston Starbucks burn questions
Has anyone in Houston sued Starbucks over a burn?
Yes. ABC13 reported Katherine Mize’s suit in 2016, and FOX 26 reported a 2021 suit by Simms over the Tomball Parkway drive-thru in Harris County. We found no reported outcome for either.
The lid came off while a wrong order was being fixed. Does that matter?
It can, because each extra handoff is one more chance for a loose lid or a slipped grip. Keep the lid; it can show whether the problem was handling or the lid itself.
Is Memorial Hermann’s John S. Dunn Burn Center on the ABA’s verified list?
No. The ABA lists the John S. Dunn Burn Center as another burn center. The ABA-verified centers nearest Houston are the Blocker Burn Unit at UTMB and Shriners Children’s Texas, both in Galveston.
How long do I have to file?
Generally two years (CPRC § 16.003). If a government entity may be responsible, written notice may be due within six months.
Call about a Houston Starbucks burn
Beverly Law reviews Starbucks burn claims from Houston, Tomball and the rest of Harris County at no charge, in English or Spanish. Call (310) 552-6959. 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
- ABC13 Houston, Mize suit (June 22, 2016) (abc13.com)
- FOX 26 Houston, Simms suit, Harris County (Sept. 1, 2021) (fox26houston.com)
- Starbucks Corporation Form 10-K, fiscal year ended Sept. 28, 2025 (licensed-store employees follow Starbucks operating p (sec.gov)
- ABC7 Los Angeles, Garcia (one of three drinks not fully pushed into the container) (March 15, 2025) (abc7.com)
- AP via Claims Journal, Garcia $50 million verdict, Starbucks planned to appeal (March 17, 2025) (amp.claimsjournal.com)
- EDRM, Felder v. MGM National Harbor (D. Md. Aug. 7, 2024), 14-day overwrite (edrm.net)
- American Burn Association, burn center referral criteria (ameriburn.org)
- Harris County District Clerk, hours and locations (hcdistrictclerk.com)
- Memorial Hermann, John S. Dunn Burn Center (memorialhermann.org)
- UTMB Health, Blocker Burn Unit (utmbhealth.com)
- American Burn Association, Find a Burn Center (ameriburn.org)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.001 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 33.012 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.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.