Skip to comments.Cal graduate sues In-N-Out over spilled coffee
Posted on 05/23/2014 3:57:26 PM PDT by Oldeconomybuyer
A UC Berkeley graduate who was severely burned after spilling hot coffee on her lap filed a lawsuit Thursday against In-N-Out Burger claiming employees in Oakland refused to call an ambulance.
Hedy Chen claims employees at the drive-through restaurant ignored her screams and repeated requests to call 911. Instead, she was given a pack of ice, which can exacerbate scarring, according to the suit filed in Alameda County Superior Court.
"What they were supposed to do was call 911 because the operators know that" ice is bad, said Kirk Boyd, her lawyer. "They said there is a policy of not calling 911. That policy violates their duty of care to customers."
(Excerpt) Read more at sfgate.com ...
The company is going to lose that lawsuit over the policy of not calling 911. The minute a company REFUSES to call 911 when a persons asks for that, the company becomes FULLY RESPONSIBLE for the outcome!
I would consider this an abuse of 911, but you are probably right.
People may do all sorts of stupid things — but what is the MOST STUPID is a company not calling 911 when a customer asks for it - thereby “unilaterally determining” that the customer doesn’t need it.
That’s going to be a very, very costly mistake for the company.
911 and the number of your Atty on speed dial!
I think she’s making much ado about a simple accident. She may have something worth a settlement, because First Aid was not offered to her though. I like the In and Out Burger a lot. I haven’t figured out what they do to their vegetables to make them smell so, so SO fresh.
The facility is always clean, inside and out. The young staff looks to have showered and shaved recently, and are polite without being comatose. I like that they give the local teens some work to do close to their homes. The minor downside is their fries; no flavor, ‘very nothing’. I ate some of the fries, I had to look down, thinking I might have put a paper napkin in my mouth by accident.
Gee, that’s a good looking burger.
Wish we had these here in the south.
If someone spends “three days at the Bothin Burn Center at Saint Francis Memorial Hospital in San Francisco,” — as a result of a 911 call — it is not an abuse of 911.
Maybe it was one of those flaming coffee drinks rather than just hot coffee then.
If she was making a “big deal out of nothing” the doctors and admitting staff wouldn’t have had her spend “three days at the Bothin Burn Center at Saint Francis Memorial Hospital in San Francisco.”
Maybe the INO staff can’t speak English?
We all know that requiring them to speak English is RAAAAAYCYST!
They knew enough English to tell her to move her car out of the way. And they knew enough English to tell her it was against company policy to call 911, while she was screaming ... LOL ...
Having had both In-and-Out Burgers in Nevada and What a Burgers in Texas, they are both very good, about the same in taste and quality. Sonic Burgers (which we don’t have here in the West) are also very good.
“If she was making a big deal out of nothing
We can pretty well guess where that coffee landed in her lap...ouch...Maybe she was scantily clothed.
Whataburger and sonic are both good.
Sonic had a habenero burger that was killer.
Five guys is prettty good and they give you lots of
I will gladly pay you Tuesday for a hamburger today...
And here's another thing - it was never, ever the policy of the company not to call 911. What happened is what always happens anymore with any company - the moment they want to screw someone over, they claim it's a "policy." That way they figure you can't get at them personally, have to sue, and will just take whatever crap they're dishing out. People are generally as rotten as they can get away with being, and this is one of the ways they get away with a LOT of rottenness.
Of course, the company will now say that it was never the polic of the company not to call 911, and try to blame it on the employee or manager in their own recognizance. And then the plaintiffs lawyer will say that it was the company's responsibility not to create a work environment that enabled such deadly, horrible, traumatic and injurious lying. And then the employee or manager's lawyer will sue the company for not making the policies clear, or denying that actual policies are policies, etc.
Yes, but you have Whataburger and Waffle House, and we don't. Closest are almost 300 miles away...sniff.
Did the lid pop off as it being handed to her? Did she put it between her legs to hold it as she drove off? Did she do something stupid?
I’m getting hungry!
A great hamburger is a jewel to be treasured.
If an employee wrongly says it’s the company’s policy to not call 911, and then refuses to do it — the company is going to be fully responsible for what that employee did.
They gave it to her “too hot to handle” — and thus she could not hold onto it.
I don’t believe they will lose. The grad spilled the coffee. And it’s not about temperature. I’d laugh if we found out she was on her phone (not using headphone)and was trying to juggle stuff.
She was wearing shorts. The worker refused to call 911 and told her to move her car out of the way. I’m guessing that she will win this suit.
They gave it to her “too hot to handle” and thus she could not hold onto it.
But aside from what she did or did not do, anytime a company (and employees) refuse to call 911 when requested by a customer (or any person), then it’s going to go very, very bad for the company.
Don’t think it will fly because she was the only one who couldn’t hold unto her coffee. I’m still better she was on her phone and trying to juggle.
the name “In and Out Burger” always gives me an unwanted visual
Let’s say it had nothing to do with coffee, but a person was having a heart attack (just for sake of “illustration”). You see, the issue of the coffee may be a secondary issue - but the primary issue is not calling 911 when a customer is asking for it - and in her case, actually SCREAMING IN PAIN asking for it.
That’s what is going to go very, very bad for the company.
I'm almost inclined to think this is a scam.
Anyone remember screaming and saying call 911....I spilled my coffee.
You may be right, but she’s still likely to win.
Any time you’re admitted into a hospital by doctors and admitting staff and spend “three days at the Bothin Burn Center at Saint Francis Memorial Hospital in San Francisco,” — you’ve got a real serious issue with the company refusing to call 911. That’s what is going to “do the company in” ... with a jury.
A person can’t get admitted and can’t “take up residence” in a burn center UNLESS the doctors and admitting staff think it’s justified. If you go to an emergency room and they don’t think they need to keep you ... they’ll simply treat you and release you. And that’s going to be the “end of the story” for that hospital. A patient simply does NOT admit themselves ... :-) ...
Perfectly illustrates why Stanford folks call Cal students “weenies.”
I think its about time to say if someone wants hot coffee from an establishment, they need to get off their butt and go in and get it.
I hope she loses and it costs her tons of money.
You mean the potato? They take whole Russet potatoes and put them through a machine that looks like the old fashioned ringer washers (They buy them from the Navy at salvage). It's filled with a sort of sand, and it scrubs the potatoes. Then they get sliced on an as-needed basis and thrown in the fryer. The potatoes are the size of footballs, by the way. I've never seen anything so big come out of the ground. As home school families, we did a tour. And they fed us.
Interesting. Good work.
Actually, I hope the company loses and it costs them plenty of money in the process.
Any company that thinks they or their employees can unilaterally decide when and when not to call 911 on behalf of a customer, when the customer says they need it — NEEDS TO BE PUT OUT OF BUSINESS!
Love their burgers and have always found the help there to be outstanding.
I don’t want to go too far off topic, but your comment about Home Schooling caught my eye. Is there a school district approved curriculum that home schooling parents go by? I just wonder how you can be sure your child’s grade achievements will be recognized as from an accredited source? I have no kids. God did not chose me (yet) to become a Dad, but I admire parents who are ready and willing to home school their children. Are there ‘get togethers’ with other aged children here and there?
I don’t think you’d want your newest employees to make that decision. Best call and be wrong than to not call and be wrong.
Next entry in company policy mission statement; “Minimum Wardrobe Requirements & Body Coverage Circumference Ratios to be lawfully expected of All Our Guests During All Hours of Business.”
Please attend the upcoming Wardrobe Workshop. There will be test following the workshop; no cell phone assists will be allowed. Line drawings accepted as answers.
Heh. You too?
Yea, I can agree about the 911 part if it turns out to be true.
OK, maybe. What about a cell phone? Everyone has one these days, especially a college student. Also, what about the person calling themselves? Was the person incapacitated? Lawsuits are ridiculous these days.
The rule all companies better follow is that if someone is there and asking for the company to call 911 for them ... they better do it, no matter what.
That’s actually common sense and should require no discussion or even “training” for anyone to understand. But apparently someone is “too stupid to live” that works in that company.