Analysis Of A Scalding Incident In Starbucks Over A Teenage Girl

My selected topic is on a teenage girl who sued Starbucks and its staff due to an incident. The relevant facts are; this teenage girl on a normal day went into Starbucks, and while her and her family were there she happened to ask the barista (a person whose job is to prepare and serve coffee) for warm water to be put in a baby bottle. Upon filling the bottle with hot water, the server spilled the boiling water on the teenage girl causing extremely severe and permanent injuries. It is said that Starbucks and its employees failed to make sure that their clients (in this case the teenage girl) were safe and secure, and well taken care of while attending Starbucks. It went on to say that Starbucks failed to employ workers with good enough skills to handle any kind of temperature water. “The teen, now 16, is seeking $1 Million in general and special damages and legal costs” (1), said so in the article.

All of these damages refer to injuries to her hands and arms, these injuries will require future care and day to day checkup for an amount of time. The plaintiff also suffered from mood changes, depression, constant headaches, without forgetting the loss to play any sport, or even help around at her own home. Starbucks responded by saying that “there was no reasonable cause of action against either individual” (1), the employer and the barista. Several judges stated the general rule as follows; “employees are liable for what they do within the scope of their authority and on behalf of their corporation” (1). To clarify, it is the right of an individual who is injured due to negligence of employee, to sue the employee and the employer.

The law of negligence is put forth to compensate the victim for their injury or losses. The victim is compensated only when the court has acknowledged the person responsible, the amount of money being awarded, and what the reason for compensation is. There are four steps to proving negligence; duty of care, breach, harm, causation. All these steps were reviewed in this case, the teenage girl knew what her and her family where about to do. They had sort of an authorization from Ontario courts to go ahead and sue. There is a responsibility for any running business, that particular business is entitled to provide the best duty of care owed to its customers. Starbucks’ employee should’ve predicted that hot boiling water does burn, employees should know when a good or service is not in the best shape to be given or served. During this incident there was also breach of standard care. A reasonable person would’ve taken the time to find a way to cool the water or even just warn the client that the beverage is very hot and should be dealt with care. Harm, harm was done to the client by the employee. Due to the negligent act of the barista, the hot water was spilled on the teenage girl and burned her hands causing first-second degree burns. Questions like how will the injury be repaid?

At last; the cause, what had to occur to the extent where hands were burned. Now, Starbucks to me and its employees were very negligent, Starbucks is supposed to ensure everything goes right during the opened day. Of course, eyes can’t be everywhere; but look at the other workers for example that might’ve been working that day, no matter how busy a particular business is, there is always someone observing what you or someone else is doing (ex: supervisor). A client takes what he/she has purchased at a desired store, now at a beverage and food store like Starbucks, employees put their full-on trust on the person serving them. Employees should know that people depend on them to be given the best drink of what they have ordered, clients expect perfectness of their purchased product. This meaning, employees should be extra careful on what they are serving. Any mistake done could result in a lawsuit.

18 May 2020
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