- May 5, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Incident at Bubble Tea Shop Leads to Car Seat Damage
On Thursday at noon, my husband and I had a worrisome experience when a to-go order from a bubble tea shop resulted in hot tea spilling all over my lap and the passenger seat of my car. The incident occurred as we were driving home with three drinks, two cold and one hot, in a cardboard 4-cup holder. I was holding the tray on my lap while my husband was behind the wheel when suddenly the bottom of the hot cup gave out, causing the tea to spill.
Fortunately, I only sustained mild scalds on my thighs due to wearing thick pants. However, the car seat was left soaked, requiring professional cleaning. We informed the store about the mishap and returned the cup, but their assistance was limited to providing a cloth and bucket to help absorb the spilled tea.
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## Exploring Options for Compensation
Despite the initial response from customer service offering loyalty points equivalent to one regular drink, the cost of cleaning your car seat is estimated at around $200. Considering the inconvenience and expense caused by the incident, pursuing the bubble tea shop in small claims court might be a viable option to seek reimbursement for the damages.
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****** just grabbed a
Too much stress…absolutely not worth it.
It’s not that small claims court is procedurally difficult, but that you likely don’t have any claim against the store.
They put a hot beverage into a cup designed to hold hot beverages. There doesn’t appear to be any negligent actions they took that caused the cup to fail.
Now you may have a claim in negligence against the manufacturer of the cup. But you would need to find out who they are and track them down to serve them.
And there’s a decent chance it was manufactured in China and then imported, in which case good luck going after the manufacturer.
I mean… maybe you could argue a claim against the store for a breach of the implied warranty of fitness of the cup to hold the beverage under the *Sale of Goods Act*?
I don’t think it will be worth it. You no longer have the failed cup. The filing fee is going to be $108. By the time you factor in time off work, it’s not a big enough claim to be worth it. Aside from the $200 cleaning fee and the cost of the drink, you aren’t out much in the way of money. You don’t have a bunch of medical bills. Small claims court is about making you financially whole. This isn’t the US where you can get big $ for hot coffee burns.
https://www.ontario.ca/page/fees-small-claims-court
Did you speak to the manager or only the counter staff? Is it an independent shop or part of a chain? Talking to the owner or a high upper district manager if it’s a chain might be an option.
It was an accident. Move on.
Were they negligent? No – they didn’t know the cup was faulty.
I don’t think you have a successful case here.
NAL NLA
How much is your time worth to you?
Even if you did win this will takes hours of your time.
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You could try escalating with customer service, refuse their offer for store credit. Getting a lawyer to draft a demand letter might be more expensive than the $200, but it’s something to consider as a lawyer letter can be enough to get them to pay you to go away.
Definitely not worth the time to actually go through the small claims process though.
What a litigious society we live in. Just clean it already.
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Yes it’s worth it. The store could just pay you out once they realize $200 is cheaper than taking a day off work. You could ask for pain and suffering as well but is so that through a personal injury lawyer.