McDonald’s is being sued for a cup of “scalding hot coffee” that allegedly spilled on a customer at a Burnaby store.
Lok Fai Fung ordered a coffee at the drive-thru of the Still Creek Drive McDonald’s near the Willingdon exit to Highway 1 on Jan. 20, 2021, according to a notice of civil claim filed in B.C. Supreme Court this month.
An employee handed Fung the coffee “without properly securing the lid” and “let go of the cup of scalding hot coffee before (Fung) could take hold of it,” according to the claim.
The lawsuit alleges the coffee spilled onto Fung’s left thigh and wrist, causing burns.
Fung, who is a mental health support worker, is suing the company for damages, including pain and suffering, loss of income, loss of earning capacity, “loss or impairment of future ability to perform household tasks,” and the cost of medication, rehabilitation and transportation to medical treatments.
Fung claims McDonald’s failed in its duty to maintain the Still Creek restaurant in a “reasonably safe condition” for the public by failing to warn Fung of hazards, serving coffee at too high a temperature, failing to warn Fung the coffee was “extremely hot,” failing to secure the lid, failing to ensure Fung “had a secure grip” on the cup before letting go, failing to adequately train and supervise employees and failing to adequately treat Fung’s injury and “causing further injury.”
The allegations set out in the notice of civil claim have not been proven in court. McDonald’s has not yet responded to the allegations.