By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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The burn depths, from a medical source
| Depth | What it looks like | Typical healing |
|---|---|---|
| First degree (superficial) | Outer layer only; painful, red, dry, blanches when pressed | Three to six days |
| Second degree, superficial partial-thickness | Weeping, may blister, painful, blanches when pressed | Most heal within three weeks |
| Second degree, deep partial-thickness | Reaches the deeper dermis; drier, does not blanch | Usually more than three weeks, with scarring; needs prompt evaluation by a burn surgeon |
| Third degree (full-thickness) | White, waxy, dry and leathery; through the whole dermis into fat | Requires automatic referral to a burn center |
| Fourth degree | Through the skin into muscle or bone; no feeling in the area | Burn center care; any full-thickness burn meets ABA referral criteria |
Source: American Family Physician, 2020 (Lanham et al.); fourth degree from Cedars-Sinai.
The line that matters most is between the two kinds of second-degree burn. A shallow one usually heals within three weeks. A deep one takes longer, scars, and should be seen by a burn surgeon for possible early surgery.
Why coffee spills burn deeper than people expect
A review of hot beverage research in the Journal of Food Science found that spills at 180°F are very likely to cause at least mid-dermal burns, which the authors describe as very serious and often needing medical care, and that children and older adults face more risk, in part because their skin is thinner (Abraham and Diller, 2019).
Clothing is the other factor. Coffee that soaks into pants or a skirt stays against the skin, and contact time is what the scald table measures. American Family Physician advises that for scalds, immediate clothing removal lessens the injury (AAFP). Our scald burns page explains the time-and-temperature table.
What reported coffee and tea cases involved
| Case | Reported burn depth |
|---|---|
| Liebeck v. McDonald’s (1994) | Third-degree burns needing debridement and skin grafts (Public Citizen) |
| Mogavero v. Starbucks (2017) | First- and second-degree burns (ABA Journal) |
| Garcia v. Starbucks (2025, hot tea) | Third-degree burns, nerve damage, skin grafts (CBS Los Angeles) |
These are other lawyers’ cases from public reporting, not Beverly Law results.
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When a coffee burn needs a burn center
The American Burn Association’s referral guidelines call for immediate burn center consultation, with consideration of transfer, for any full-thickness burn, partial-thickness burns of 10% or more of the body surface, and deep partial or full-thickness burns of the face, hands, feet, genitals, perineum or any joint. They also say all burns in children 14 or younger, or under 30 kg, may benefit from referral. A lap spill can reach the genitals and perineum, and a spill during a handoff can burn the hands. Our burn centers page lists burn centers in California, Texas and Washington and notes which ones the ABA has verified.
What this means for your case
The degree of the burn is a medical finding, and it shapes everything that follows in a claim. Burns that heal in under 14 days generally leave no scar, according to the federally funded Burn Model System program (MSKTC). Burns that take longer carry a higher risk of problem scarring, and those are the claims that involve future surgery. Get the depth documented by a burn center rather than relying on an urgent care note, and photograph the burn as it changes. If grafting is discussed, read our FAQ on skin graft claim value, and see can you sue for a coffee burn for the legal side.
Talk to a burn injury lawyer
Beverly Law represents people burned by hot drinks in California and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Call (310) 552-6959. You owe no fees or costs unless we win. More on the process is on our burn injury lawyer page.
Common questions
Can hot coffee cause a third-degree burn?
Yes. Coffee served at 160°F or hotter is above the 155°F mark where the ABA table shows a third-degree burn in about one second.
My burn blistered. Is that second degree?
Blisters usually mean a partial-thickness (second-degree) burn. Whether it is shallow or deep takes a medical exam, and deep ones often need a burn surgeon.
Is a tea or hot water burn any different?
No. Depth depends on temperature and contact time, and the ABA and CPSC scald figures are measured with water.
Should I take off coffee-soaked clothes?
Yes. American Family Physician says immediate clothing removal lessens scald injury.
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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 (hot drinks usually 160-180°F; scald table) (childburn.org)
- Lanham JS, Nelson NK, Hendren B, Jordan TS, "Outpatient Burn Care: Prevention and Treatment," American Family Physician (aafp.org)
- Cedars-Sinai, Classification of Burns (fourth-degree burns) (cedars-sinai.org)
- U.S. CPSC Publication 5098, Avoiding Tap Water Scalds (scald figures measured with water) (cpsc.gov)
- American Burn Association, Burn Center Referral Guidelines (ameriburn.org)
- Model Systems Knowledge Translation Center (NIDILRR), Scar Management After Burn Injury (burns healing in under 14 days (msktc.org)
- Abraham JP, Diller KR, Journal of Food Science 84(8), 2019 (spills at 180°F very likely to cause at least mid-dermal bur (foodsci.oregonstate.edu)
- Public Citizen (Liebeck: third-degree burns, grafts) (citizen.org)
- CBS Los Angeles, March 15, 2025 (Garcia: third-degree burns, grafts) (cbsnews.com)
- ABA Journal, May 22, 2017 (Mogavero: first- and second-degree burns) (abajournal.com)
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.
