Even before COVID-19, coffee companies were navigating the
safety challenges of serving hot beverages to customers. On August
18, 2020 – almost 26-years after the infamous Liebeck hot
coffee lawsuit – the California Court of Appeals for the
Second District affirmed in an unpublished opinion the dismissal of
a woman's lawsuit suing Starbucks Corporation after she was
allegedly burned by hot tea.1
Products liability may be premised upon a theory of design
defect, manufacturing defect, or failure to warn. But, the
plaintiff(s) alleging a products liability claim must show that the
defect in product was a legal or proximate cause of the
plaintiff's injury.
Plaintiff Tina Shih filed her lawsuit against "Starbucks
Corporation after she spilled a cup of hot tea she purchased from a
Starbucks store and suffered second degree burns. Shih asserted
causes of action for products liability and negligence, alleging
the cup was defective. The trial court granted
