Ski Resort Faces Lawsuit After 5-Year-Old Burned by Hot Chocolate
A California ski resort is facing legal action after a 5-year-old girl sustained severe burns from hot chocolate served at an on-site café. The incident, which occurred two years ago near South Lake Tahoe, has prompted the child’s parents to file a negligence lawsuit seeking damages for medical expenses, lost income and emotional distress.
Brittany Burns and Joshua Moran Burns allege in their complaint that the Heavenly Mountain Resort and its staff failed to ensure the hot chocolate was served at a safe temperature. According to the lawsuit, an employee may have spilled the beverage – which was topped with whipped cream – onto the child, or the excessively hot liquid may have splashed into her ski suit when she attempted to drink it, causing burns to her chest and abdomen.
The family’s attorney asserts that the girl will bear permanent scars from the incident. “The child today is marked for life and will carry permanent scars,” the attorney stated, as reported by Le Parisien. The lawsuit claims the resort “knew or should have known” that serving such hot beverages posed a significant burn risk.
The legal action highlights the potential for liability related to customer safety standards within the hospitality industry. Vail Resorts, the owner of Heavenly Mountain Resort, has not yet commented on the ongoing legal proceedings, according to L’essentiel.
This case echoes a similar, high-profile incident in 1994 involving McDonald’s and a 79-year-old woman who suffered severe burns from excessively hot coffee. That case resulted in a substantial initial settlement, later reduced on appeal. The Burns family is seeking compensation to cover the girl’s medical bills, past and future lost earnings, and damages related to the “loss of enjoyment of life,” Ouest-France reported.
Even as skiers and snowboarders accept inherent risks associated with winter sports, the family’s attorney argues that consumers do not anticipate being served beverages at dangerously high temperatures. The lawsuit underscores the importance of maintaining safe serving practices in customer-facing businesses.