By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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What to do after a drive-thru burn
- Cool the burn once the car is parked. For a minor burn with unbroken skin, run cool water, not ice water, over it for at least 5 to 30 minutes, and do not pull off clothing that is stuck to the skin (MedlinePlus).
- Get emergency care for a serious burn. MedlinePlus says to call 911 if the burn is about the size of your palm or larger, if it is full-thickness, or if you are not sure how serious it is. The American Burn Association recommends burn center consultation for deep burns of the genitals, perineum, hands or feet, any full-thickness burn, and partial-thickness burns of 10% or more of body surface (ABA referral guidelines).
- Keep the cup, lid and carrier together, unwashed, in a bag. Do not let staff take them.
- Note the lane and the time, and keep the receipt or app order.
- Photograph the burn, the wet clothing and the car seat.
- Have a lawyer send a written preservation demand for the drive-thru video to the operator and the brand within days. Drive-thru surveillance video was shown at trial in the McNugget case below. Our preservation letter and after-a-burn checklist cover the details.
Reported drive-thru burn cases
These are cases reported by courts and reputable news outlets, across several chains. Outcomes are as reported; pending suits are allegations only.
| Case | Chain and place | What was alleged | Outcome as reported |
|---|---|---|---|
| Garcia v. Starbucks Corp., Los Angeles Superior Court No. 20STCV10214 | Starbucks, Los Angeles, Feb. 8, 2020 | A venti hot tea not secured in the tray spilled into a delivery driver’s lap; third-degree burns, skin grafts, permanent genital injury | $50 million jury verdict, March 14, 2025; motions for new trial and JNOV denied June 4, 2025; Starbucks said it would appeal, but the case settled in June 2025 (terms not public) and was dismissed in July 2025 (LASC) |
| Liebeck v. McDonald’s Restaurants | McDonald’s, Albuquerque, N.M., 1992 | Coffee bought at the drive-through spilled in the parked car as she removed the lid; third-degree burns, skin grafts | Verdict reduced by the judge; parties settled for a confidential amount |
| Suit by a Florida girl’s parents against McDonald’s USA and Upchurch Foods | McDonald’s, Tamarac, Fla., 2019 | A McNugget fell between a 4-year-old’s thigh and seat belt; second-degree burns | Liability found in May 2023; $800,000 awarded July 2023 |
| Georgia claim against Golden Donuts, LLC | Dunkin’, Sugar Hill, Ga., Feb. 2021 | Lid came off as a 70-year-old reached for her coffee; skin grafts, weeks in a burn unit | $3 million settlement reported October 2023 |
| Samantha Picklo’s suit against Dunkin’ | Dunkin’, Delran, N.J. (reported May 2022) | Three coffees toppled out of a tray; three days in a burn center | No outcome found |
| Haslip v. Dunkin’ Brands Group, Montgomery County, Pa. | Dunkin’, Worcester, Pa., 2016 | Lid came off when he lifted the cup after driving home | Defense verdict July 25, 2018 |
| Childress v. McDonald’s Restaurants of California Inc., San Francisco Superior Court | McDonald’s, San Francisco, 2023 | Lid not tightly secured; coffee spilled into her lap | No outcome found |
| Shahabi v. McDonald’s Restaurants of California Inc., Los Angeles Superior Court | McDonald’s, Los Angeles, Nov. 17, 2024 | Lid not secured or did not fit the cup | Settlement reported December 2025; terms not disclosed |
| Leigh Mehalick’s suit against Chick-fil-A | Chick-fil-A drive-thru, Georgia (reported March 2019) | Second of two large coffees spilled into her lap as it was handed over; she claimed a defective or unsecured lid | No outcome found |
Sources: Garcia (AP via Claims Journal, CBS Los Angeles, ABC7, Courtroom View Network, Courthouse News); Liebeck (American Museum of Tort Law); McNugget case (AP via Claims Journal); Georgia Dunkin’ (Fox Business); Picklo (CBS Philadelphia); Haslip (The Legal Intelligencer); Childress (FOX LA); Shahabi (MyNewsLA); Mehalick (WSVN).
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Why drive-thru spills cause serious burns
The handoff happens at arm’s length. The employee reaches out of a window and the driver reaches up from a seat. A lid pressed on at one edge, or a cup sitting high in a carrier slot, can give way at that moment. In the cases above the lid came off as the customer reached (Georgia Dunkin’), the drink spilled as it was handed over (Mehalick), or one cup was not secured in the tray (Garcia, Picklo).
A seated person cannot step back. A belted driver cannot jump away the way someone standing can, and the liquid pools in the lap and soaks into clothing. In most of the cases above, the burns reached the legs, thighs, groin or genitals.
A lid keeps the drink hot longer. A 2019 review in the Journal of Food Science found that drinks in an open room typically drop 20°F to 25°F in five minutes, and that a lid roughly doubles the cooling time (Abraham and Diller, 2019). The same review gives 186°F to 191°F as a typical temperature for coffee as it is poured into the cup.
Little contact time is needed. The American Burn Association’s scald table shows a third-degree burn in adult skin in about 1 second at 155°F and 5 seconds at 140°F (ABA scald guide).
Who can be responsible
The restaurant operator. The company that employs the crew is the first defendant. At a franchised restaurant that is usually a separate local company, such as Upchurch Foods in the McNugget case or Golden Donuts in the Georgia Dunkin’ case.
The brand. Whether the franchisor is also liable turns on control. California’s test comes from Patterson v. Domino’s Pizza, a 2014 harassment case: the franchisor becomes potentially liable for a franchisee’s employees only if it retained or assumed a general right of control over hiring, supervision, discipline and the day-to-day workplace behavior of those employees (Patterson v. Domino’s Pizza, 2014). At a drive-thru, that usually means asking who wrote the lid, tray and handoff rules. In the Florida case, a jury found both McDonald’s USA and the franchisee liable.
The packaging maker. If a carrier flexes and drops cups, or a lid separates under normal handling, its manufacturer can be added, as Picklo’s lawyer was investigating.
What the defense will argue. In the McNugget case McDonald’s said what happens to food after it leaves the window is beyond its control, and in Haslip, where the defense argued the customer lifted the cup from above, the jury found for the defense.
If you share the fault
| State | Effect of your share of fault |
|---|---|
| California | Recovery reduced by your percentage, never barred (Li v. Yellow Cab) |
| Texas | Barred if your share is over 50% (CPRC § 33.001) |
| Washington | Recovery reduced by your percentage, never barred (RCW 4.22.005) |
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Burn pages by chain
Pages by chain: Starbucks · Dutch Bros · Scooter’s Coffee · 7 Brew · Black Rock Coffee Bar · Whataburger · Sonic Drive-In · Chick-fil-A · Jack in the Box · McDonald’s · Dunkin’ · Tim Hortons
More: Burn injury lawyer · Scald burns · Garcia v. Starbucks · The McDonald’s hot coffee case
Talk to a burn injury lawyer
If a drink or food item spilled on you or your child at a drive-thru window, note the lane and time, keep the packaging, and call Beverly Law at (310) 552-6959 for a free, confidential review 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.
Common questions
Can I sue a restaurant for a drive-thru burn?
Yes, if the restaurant’s handling of the order or a defective cup, lid or carrier caused the spill. The cup, lid, carrier and window video usually decide whether you can prove it.
How much is a drive-thru burn lawsuit worth?
It depends on how deep the burn was and what treatment it needed. In the cases above, Haslip ended in a defense verdict, the McNugget case in an $800,000 award, the Georgia Dunkin’ claim in a reported $3 million settlement and Garcia in a $50 million verdict, after which the case settled on terms not made public; Liebeck and Shahabi also settled on undisclosed terms. Picklo, Childress and Mehalick have no reported outcome.
How long do I have to sue a restaurant for a drive-thru burn?
Two years in California (CCP § 335.1), two years in Texas (CPRC § 16.003) and three years in Washington (RCW 4.16.080). Footage from the window camera can disappear within days, so the request to preserve it comes first.
I'm a delivery driver. Can I bring a claim?
Yes. Garcia, the $50 million Starbucks verdict, was brought by a delivery driver burned while picking up three drinks. A driver has the same claims as any customer.
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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
- AP via Claims Journal, Garcia v. Starbucks verdict (Mar. 17, 2025) (amp.claimsjournal.com)
- CBS Los Angeles, Garcia v. Starbucks verdict (cbsnews.com)
- ABC7 Los Angeles, Garcia v. Starbucks verdict (Mar. 14, 2025) (abc7.com)
- Courtroom View Network, Garcia v. Starbucks Corp., LASC No. 20STCV10214 (cvn.com)
- Courthouse News, post-trial ruling in Garcia (courthousenews.com)
- American Museum of Tort Law, Liebeck v. McDonald's (tortmuseum.org)
- AP via Claims Journal, McNugget burn verdict (July 21, 2023) (claimsjournal.com)
- Fox Business, Georgia Dunkin' settlement (Oct. 24, 2023) (foxbusiness.com)
- CBS Philadelphia, Picklo v. Dunkin' (May 3, 2022) (cbsnews.com)
- The Legal Intelligencer, Haslip v. Dunkin' Brands Group (Aug. 23, 2018) (law.com)
- FOX LA, Childress v. McDonald's (Sept. 2023) (foxla.com)
- City News Service via MyNewsLA, Shahabi v. McDonald's (Dec. 30, 2025) (mynewsla.com)
- WSVN, Mehalick v. Chick-fil-A (Mar. 1, 2019) (wsvn.com)
- Abraham and Diller, "A Review of Hot Beverage Temperatures," Journal of Food Science 84(8), 2019 (Oregon State mirror) (foodsci.oregonstate.edu)
- American Burn Association scald guide (childburn.org)
- American Burn Association, burn center referral guidelines (ameriburn.org)
- MedlinePlus (U.S. National Library of Medicine), Burns (medlineplus.gov)
- MedlinePlus en español, Quemaduras (medlineplus.gov)
- Patterson v. Domino's Pizza, LLC (2014) (scocal.stanford.edu)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Li v. Yellow Cab Co. (1975) (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- RCW 4.22.005 (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.