An Ontario woman and her family are seeking $500,000 after she says she was severely burned by a searing hot cup of tea from Canadian caffeine giant Tim Hortons.
Jackie Lansing, 73, tells Global News she was taking her sister to a medical appointment last May when they decided to stop at one of the restaurant’s Huntsville, Ont., locations.
She says she ordered a medium tea with milk. Once she received her order, she says she placed it in the cupholder and pulled out of the drive-thru and into the parking lot.
“On top of the cup it said B Tea, which means black tea. So I knew the order was wrong. So I went to lift the cup up to check it, and the cup completely collapsed on itself,” she recounted.
A statement of claim filed this past November states that Lansing suffered second-degree burns to six per cent of her body, including her stomach and legs.
“I’ve never experienced that much pain,” she said during an interview on Monday. “It was horrific.”
She says 10 months later, what remains are scabs and scarring. Lansing adds that the back of her legs cannot tolerate heat, making it excruciating to have a hot bath.
The statement of claim, filed with the Ontario Superior Court of Justice, alleges negligence on the part of the defendants.
Those named in the suit include TDL Group Corp., which is described in the statement of claim as being “responsible for the supply of materials” and upkeep of restaurant standards.
Greenwood Enterprises is also named, and is listed as the restaurant’s operator.
The statement alleges that the cup provided to Lansing was “faulty and deficient” and that the tea was “superheated and a scalding temperature.”
The defendants, meanwhile, deny the allegations in a statement of defence filed last month.
Global News reached out to a lawyer for the defendants and our request for an interview was declined.
Tim Hortons also declined our request for an interview, saying that the matter is before the court.
The statement of defence reads in part: “The defendants plead that if the condition of the beverage container contributed to the injuries allegedly sustained by Jackaline, which is not admitted but denied,
Jackaline voluntarily assumed the risk of harm which befell her.”