Santa Barbara Attorneys Team Up To Deliver A Scalding $2.6M Victory for Baby Burned by Hot Coffee
by
Steven R. Andrade on May. 09, 2013
Accident & Injury Personal Injury
Summary: (January 2013) Ten- month old "Baby M." suffered pain and scarring on her chest and neck from a hot coffee burn.
4/3/2013 Kathleen Ledoux,
A confidentiality agreement precludes disclosure of the parties in
this case. The incident occurred on July 3, 2010 at a popular national chain
restaurant in Santa Barbara, California. After a cup of hot coffee was placed
within reach of Baby M., she grabbed the cup, spilling the coffee onto her
chest and neck causing severe burns.
Baby M.'s mother ran to the restaurant’s bathroom with Baby M.,
removed the coffee soaked clothing
and saw Baby M.’s burned skin. The family
rushed Baby M. to the emergency room at Cottage Hospital. The lawsuit alleged
that a server negligently placed a cup of hot coffee within reach of Baby M.
The insurance company for the restaurant contended that the parents were at
fault for inattention to
Baby M. and the environment. The server stated that he
saw the parents place the coffee in front of the infant.
Throughout the hotly contested litigation, attorneys’ Steven Andrade
(Andrade Law Offices) and Juan Huerta (Law Offices of Juan Huerta) wanted to ensure that the award would cover the needs of
Baby M. for the rest of her life and fully compensate her parents for their
emotional distress. Both attorneys and the family were delighted with the
settlement of more than $2.6M. Baby M. will receive more than $1.8M over the
course of her lifetime to ensure she receives proper medical care, counseling
for her emotional well-being, and to finance her college education.
The position of Andrade Law Offices and the Law Office of Juan Huerta
is that restaurants have a responsibility to properly train their employees
with respect to safety practices when serving the public. The lawsuit uncovered
several failure points in the company's training programs and policies relating
to maintenance of coffee temperature records, point of sale records and
preservation of video surveillance. As a result of this case, and to their
credit, the restaurant implemented more stringent training
programs and
policies for all of their restaurants to ensure the safety of their customers.
of spilled coffee will burn a much larger portion of a small child’s body
than an adult’s body.
Small children have less perception of danger and are
unable to escape a burning situation on their
own. According to Children Fire
and Burn Prevention Programs, an estimated 65% of children ages 4
and under who
are hospitalized for burns are treated for scald burns.