Doughnuts and Injury Claims
It all makes sense when you read the article…
A woman got coffee at a Dunkin Donuts and while in the parking lot stepped on an exposed spike (I’m guessing rebar, but not altogether sure) which then caused her to fall and spill her coffee on herself, resulting in horrific burns.
Everyone thinks they know about the infamous McDonald’s hot coffee case (most don’t know the facts really at all) and relying on their misinformation think that all coffee cases are “frivolous.” This is a great example of one that isn’t.
All property owners have a duty to keep their premises safe. They shouldn’t create dangerous conditions, and when they are aware of dangerous conditions, they have a duty to warn people of them.
In this situation Dunkin Donuts’ failure to discover and notify their customer of a dangerous condition was a proximate cause of her injury, so they should be held liable. It’s a solid theory. This case isn’t about a beverage being subjectively “too hot” or someone going after a pot of gold over no real injury; this case is about long-standing premises liability theory and significant personal injury.
So before you judge a case, or even worse the person making the case, know the facts. And if you’re injured, call an attorney. Maybe this guy. 919-929-2992
