Does anyone have direct info Re: fast food drive-thru negligence????

Question

I went to a fast food drive-thru and got a meal and two drinks that were placed in a cup holder, by the drive thru attendant.

I passed the cup holder, in the way it was given to me, to my passenger.

She placed it in her lap and held it with one hand.

As we proceeded to drive-off. One of the cups fell out of the cup holder, the lid fell off and she received burns to her legs.
Obviously the cup was not secured in the cup holder and the lid may not have been on properly.

Before proceeding with a claim I want to know if any one has had a similar experience. or has direct knowledge of similar claims.

NOT THE - IT WAS TOO HOT - NEW MEXICO CASE

Answer 1

The burden of proof will be yours. You will have to convince a judge, by a preponderance of evidence, that the cup was not securely in the holder. This is not an obvious fact. You will also need to prove monetary damages. Did the spill reesult in a medical or cleaning expense?
You have a tough row to hoe with this one.

Answer 2

Give me a break. It could have been just as much your fault as the attendant's. Maybe you held the holder and passed it in such a way that caused the cup to loosen. You may have pulled away too abruptly, dislodging the cup from its holder. Your passenger should have held the cups more securely.

When you file your claim, be sure to find the sleaziest ambulance chaser possible. Should be a good match.

Answer 3

It kind of seems like a lost cause to me. your passanger should have checked to see if it was secure. The fast food industry can't be held reliable for every little thing.how do they know she didn't tip the tray a little. you know. I'm not taking sides but i dont think you have a case to make. next time be more careful. the drive thru doesnt have time to make sure everything is perfect otherwise it wouldn't be fast food. sorry about your friend though.