A California woman has filed a lawsuit against Starbucks and Pactiv Packaging, claiming that the companies' cups are defective after she was burned by scalding hot tea.
Plaintiffs Lacey and Oscar Recinos filed the lawsuit in the U.S. District Court for the Eastern District of California, Fresno Division, against Starbucks Corporation and Pactiv Packaging, Inc., citing negligence and product liability.
According to the lawsuit, on Oct. 15, 2021, plaintiff Lacey Recinos was a patron of a Starbucks coffee shop in Madera and was picking up her order of hot tea from the drive-through window. Lacey states that as she was collecting her beverage, the lid became loose and spilled the beverage on her and her daughter, who was in the vehicle. In her shock, Lacey threw the cup in the air, causing the scalding tea to fall on the side of her body. An emergency team would later report that Lacey had suffered second-degree burns to her buttocks and thigh, and she had to stay at the hospital overnight to treat her injuries, according to the complaint.
Attorney Whitney A. Davis of Eggleston, King, Davis, LLP
| Eggleston, King, Davis, LLP
The lawsuit states that Starbucks and Pactiv packaging use the same lids and cups for coffee beverages as they do for tea. Since tea uses tea bags with attached strings, these strings can cause an obstruction, allegedly preventing a proper seal. The lawsuit states that the defendants allegedly are aware of this issue and allegedly have reported no fewer than 80 such incidents each day, in which lids become loose and leak. Despite this, the defendants allegedly have failed to research and deploy a solution to the problem and accept burn claims as the cost of doing business, according to the lawsuit.
Oscar alleges that as a result of the defendants' negligence, he has been denied his wife's consortium, companionship, and support as she recovers from her injuries and has suffered emotional distress because of her injuries.
The plaintiffs are seeking damages in excess of $75,000, plus interest, and any other relief the court deems proper. They are represented in this case by attorney Whitney A. Davis of Eggleston, King, Davis, LLP, of Weatherford, Texas.
U.S. District Court for the Central District of California case number 1:23-CV-01362