A Rosseau area resident alleges she suffered second-degree burns last May when a scalding hot tea she ordered from the Tim Hortons drive-through on Hwy. 60 spilled on her stomach and lower torso.
According an amended statement of claim filed on behalf of Jackaline Lansing, 73, in Toronto Superior Court on December 2, 2022, Lansing attended the drive-through on May 18, 2022, and ordered a tea from the premises which she received and paid for.
“After payment, Ms. Lansing received a medium sized black tea in a single cup provided by the Restaurant. The black tea was superheated and a scalding temperature,” according to the statement. “While on the Premises Ms. Lansing attempted to pick up the cup provided by the Restaurant containing the superheated black tea. The cup immediately collapsed in on itself and as a result approximately 14 ounces of scalding hot liquid spilled on Ms. Lansing’s stomach and legs.”
The statement provided to the court says Lansing sought medical treatment after the incident. “Following the Incident, Ms. Lansing was treated at the Emergency Department of Muskoka Algonquin Healthcare. She was prescribed morphine to manage her significant pain and daily dressing changes were required for some three weeks before her burn wounds closed.”
In her statement of claim, Lansing alleges “the black tea provided was an unnecessary and dangerous temperature both generally and in the context of a drive-through operation. The black tea provided was a hazard rather than a beverage.” It also alleges that “Prior to the Incident, the Restaurant, and thus the Defendants, were put on notice that the cups they were providing were faulty and unsafe, yet no action was taken by the Defendants.”
For her pain and suffering, Lansig is seeking damages of $450,000. Her husband and sister are also named as plaintiffs in the suit, pursuant to the Family Law Act, and are seeking $50,000 in damages.
“As a result of the Incident, Ms. Lansing has sustained and will sustain great pain and suffering throughout the rest of her natural life. She has sustained a severe shock to her system and is permanently and seriously injured, scarred and disfigured,” reads her statement of claim, adding that she’s been physically and mentally affected by the incident.
The defendants, TDL Group Corp. and Greenwood Enterprises Inc., deny any and all allegations of negligence.”The defendants state that, at all material times, they conducted themselves in a reasonable and prudent manner in all the circumstances and met the standard of care of a reasonable quick-service food and beverage restaurant in similar circumstances, without any breach of duty, want of care or negligence on their part or the part of anyone for whom they are in law responsible,” according to the statement of defence filed with the court in late February.
The defence maintains that Lansing “mishandled the beverage container and/or the tray that it was placed in…She used excessive force and unreasonable actions to grab onto or otherwise move the beverage container and/or the tray it was placed in, without proper care and attention…”
The statement of defence adds that “The defendants plead that if the Incident occurred due to any deficient condition of the beverage container, it was not a condition over which the defendants had custody or control, nor was it in any way caused or contributed to by any breach of care or duty on the part of the defendants.”
The defence put the onus of care on Lansing, stating: “She failed to take reasonable care for her own safety” and that ” She was the author of her own misfortune.”
It will be up to the court to decide.
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Alan Perry says
Kinda hard to make a judgment on this with out seeing what was happening in the car that day , was the driver sitting not driving while in the car witch would be classed as distracted driving how hard did she squeeze the cup while handling the hot cup ,was there any waiting before drinking witch I do just fore the fact you did buy a hot drink that could use a little time to cool, also you can get a double cup if you ask while ordering. Not saying she is wrong and maybe there should be improvements and maybe a disclaimer on the cup saying its hot be careful to protect the company. Just to much information we do not know at least for me on what a decision should be . Good luck Tim’s is not a Canadian company anymore so you are going to be fighting a big USA company with lots of money for lawyers and probably more money then the average person has to spend on a lawyer and this could take years to go through in a court. Again good luck 👍
Tamara Smith says
It is unfortunate, but please consumers, ask for Double cup if asking for tea.
This is consumer beware.
Tea is made with boiling water.
Consumers should be aware of the hazards and take precautions in advance.
This I feel is NOT Tim Hortons error, but the customers.
No payment should be required.
Crazy!