A San Francisco family is suing one of Lake Tahoe’s premier ski areas following an incident involving a cup of hot chocolate.
Hot Chocolate Incident at Heavenly
Two winters ago, Brittany Burns brought her 5-year-old daughter to Heavenly Mountain Resort in South Lake Tahoe for a day of skiing, according to a lawsuit filed in El Dorado County Superior Court. While at the resort’s mid-mountain Sky Deck cafe, Burns ordered a hot chocolate for her daughter.
The lawsuit alleges that after filling a to-head cup, a cashier sprayed whipped cream on top and slid the drink across the counter “directly to the minor” without a lid. When the child attempted to drink it, the hot chocolate spilled inside her ski suit, scalding her and causing “subpar burns down her chest and abdomen,” according to attorney Roger Dreyer, who represents the Burns family. The child now has permanent scars.
The family alleges the drink was served at an “excessively and unnecessarily hot temperature,” characterizing it as “far too hot for consumption and dangerous, especially to minors.” They are seeking recompense for medical expenses, potential loss of income, physical and mental suffering, and loss of enjoyment of life.
Broader Implications
Vail Resorts, which owns Heavenly, declined to comment on the pending litigation. While ski areas often face personal injury lawsuits related to skiing and snowboarding accidents, this case differs, according to Dreyer. “You’re assuming the risk of skiing — OK,” he said. “But you’re not assuming they’ll cook the hot chocolate to a temperature that’s not consumable to a human being.”
The Heavenly case echoes similar hot beverage lawsuits, including a recent case where a jury ordered Starbucks to pay $50 million in damages after a delivery driver was burned by a coffee with a faulty lid. The infamous 1994 McDonald’s hot coffee case also involved severe burns and a substantial jury award.
Dreyer hopes the case will prompt ski areas to improve their service standards. The case is scheduled to go to trial next winter.
Frequently Asked Questions
What happened at Heavenly Mountain Resort?
A 5-year-old girl was burned after being served a hot chocolate that the family alleges was excessively hot and served without a lid, causing it to spill inside her ski suit.
What is the family seeking in the lawsuit?
The family is seeking damages to cover medical expenses, potential loss of income, physical and mental suffering, and loss of enjoyment of life.
Has Heavenly Mountain Resort commented on the lawsuit?
Vail Resorts, which owns Heavenly, declined to comment, stating they do not discuss pending litigation.
As similar cases have demonstrated, will this lawsuit lead to changes in how ski resorts handle and serve hot beverages?
