Woman gets wrong drink at Starbucks — then is injured returning it, Texas lawsuit says

A Starbucks customer is suing the national coffee chain after she says a drink mix-up in a Texas drive-thru led to her first- and second-degree burns.

Mary Simms is seeking up to $75,000 in a lawsuit filed in Harris County District Court. She filed the suit in hopes of recovering financial damages for injuries received during an April 14 drive-thru incident at a Starbucks in Tomball, Texas, just outside Houston.

In the lawsuit, Simms says she was paying for her order when the Starbucks employee told her she was handed the wrong coffee.

Simms says she stopped her vehicle and was returning the wrong drink to the employee when the lid popped off. The “scalding hot” coffee then spilled on her lap.

“As a result of the spill, (Simms) sustained first and second-degree burns causing severe personal injuries and damages,” the lawsuit says.

The lawsuit says Starbucks failed to create a safe environment, protect customers from unreasonably unsafe conditions, properly secure the lid, properly train and supervise employees, and eliminate risks to customers like Simms.

In a statement provided to McClatchy News, a Starbucks Media Relations spokesperson said the company is aware of the lawsuit and investigating the claims made by Simms.

“We take our responsibility to provide a safe environment seriously, and our partners (employees) take great pride in ensuring our beverages are crafted with care and delivered to customers safely,” said spokesperson Sara Autio.

Autio said all Starbucks beverages “are served at a temperature within industry standards, and our partners take great care to ensure the beverages are safely handed off to the customer.”

This is not the first lawsuit of this type Starbucks has faced.

Last year, a California man sued Starbucks after he said hot tea spilled on his hands, stomach and pelvic area when the cup overturned on the drive-thru window sill.

This story was originally published August 24, 2021 at 4:03 PM with the headline "Woman gets wrong drink at Starbucks — then is injured returning it, Texas lawsuit says."