Do you need to warn a customer that hot tea is, well, hot? That is what one patron of McDonald’s claimed after hot tea spilled on her lap। In the case, Immormino v। J&M Powers, Inc. d/b/a McDonald’s, 698 N.E.2d 516 (Ohio App. 3rd 1994), Ms. Immormino purchased food and beverages at the drive-through of McDonald’s. After removing the lid to steep her tea, hot tea spilled onto her lap while she attempted to replace the lid onto the cup. In reaching its decision, the court examined Ms. Immormino’s claim that Mc Donald’s negligently failed to adequately warn her of the dangers associated with hot tea. The court stressed that “according to the uncontradicted evidence, the cup contained the following legend: ‘Caution – Contents May be Hot’ or ‘Caution – Contents Are Hot.’ In either event, the particular warning was printed in two locations on the cup.” Id. at 517. In finding for McDonald’s, the court held that the warnings on the cup were adequate as a matter of law to warn the consumer that the hot tea ordered is, indeed, hot.
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