Burns from Hot Food or Drink in Cafés/Restaurants

A quick stop for a cuppa or a bite to eat shouldn’t end in a burn injury—but it does happen. Whether it’s boiling tea spilled by a server, soup served far too hot, or a takeaway lid that wasn’t secured properly, burns from food or drink can be painful, distressing, and sometimes long-lasting.

At John O’Leary Solicitors LLP, we’ve been helping people across Tallaght and Dublin for more than 20 years. We understand that these kinds of accidents can leave more than just physical pain—they can disrupt your day, your work, or even your confidence about going out again. That’s why we take every case seriously, no matter how “small” it might seem.

You won’t be passed around or left in the dark. Our approach is personal, straightforward, and built around your needs. If you’ve been burned in a café, restaurant, takeaway or food court and you believe it could have been avoided, we’ll help you figure out what your options are—clearly and calmly.

Contact John O’Leary Solicitors LLP today to speak with a local solicitor who’ll listen, advise, and act in your best interest from start to finish.

Where These Burns Happen and What Causes Them

Burn injuries from hot food or drink aren’t confined to one type of place—they occur across a wide range of food service environments. Whether the setting is formal or casual, the common factor is usually the same: a failure to manage the everyday risks of serving very hot items. This section sets out the typical locations where these accidents happen, and the specific causes behind them.

Common Settings Where Burns from Food or Drink Occur

Cafés and coffee shops:These are among the most frequent locations for scald injuries, particularly where hot drinks are served in takeaway cups. Incidents often happen at the point of service, during handover across the counter, or when drinks are spilled due to poor packaging or overcrowded tables.
Restaurants and casual dining venues:Hot food served in restaurants can lead to burn injuries if it’s plated improperly, carried unsafely by staff, or accompanied by overheated sauces or liquids. In buffet-style setups or shared platters, guests may be exposed to unexpected heat or awkward serving arrangements that increase risk.
Takeaways and food courts:Fast-paced environments often involve hot drinks, soups, noodles, or sauces packaged quickly and handed off to customers. These can cause burns during handling, transport, or if packaging fails. Children are especially vulnerable where there are no child-safe trays or guards in place.
Hotel breakfast buffets or self-service areas:Scalds and contact burns are common where items are kept in bain-marie trays, coffee urns, or hot plate surfaces. Poor signage, overcrowding, and unsupervised service increase the likelihood of injury.
Food counters, bakeries, and deli counters:Small counters may serve piping hot beverages, soups, or pre-heated meals with limited space or handling instructions. Burns can happen when hot containers are placed near the customer, or where customers are encouraged to help themselves without guidance.

How These Injuries Typically Happen

Overfilled takeaway cups:Drinks filled too close to the rim spill easily, especially if the lid flexes or lifts. If staff handle cups by the body instead of the base or lid, heat transfer can cause them to drop the cup. Scalds to hands, wrists, legs, and laps are common.
Loose or faulty lids:When a lid isn’t properly fitted, it may pop off during handover, lifting, or transport. The user may have no warning that the seal has failed until the contents spill directly onto their skin or clothing.
Unstable trays or crowded tables:Burns often occur when trays are overloaded, when seating arrangements are cramped, or when drinks are placed near table edges. These factors increase the chance of spillage from small movements or minor knocks.
Hot items served above safe handling temperature:Some drinks or foods are served at temperatures higher than safe contact limits. In these cases, even brief exposure to skin can cause serious damage. This applies particularly to soups, sauces, and frothed milk.
Dropped or spilled items by staff:Servers moving too quickly or balancing multiple items may spill or drop hot liquids directly onto guests. If service routes are too narrow or tables are overcrowded, these risks increase.
Poor packaging design or inadequate insulation:Thin paper cups, lids without vents, and trays with no heat resistance all increase the risk of handling burns. Drinks with cream or froth can mask temperature and make spills more forceful.
Children reaching or grabbing:Hot drinks placed within reach of children—on low tables, counters, or buggy trays—often lead to accidents when the child pulls or tips the container.

These scenarios are unfortunately common across Ireland’s food service industry. In the next section, we’ll explain who may be held legally responsible when these injuries occur.

Who May Be Liable for Burn Injuries in Food Premises

Liability for a burn injury caused by hot food or drink depends on who had control over the preparation, handling, and service of the item that caused the injury. Irish law places a legal duty on those operating public premises to take reasonable steps to ensure the safety of their customers. In food service, that includes managing well-known risks associated with hot liquids and heated meals.

The following parties may be held responsible, depending on the circumstances of the incident.

Business Owners and Occupiers

The primary duty of care usually falls on the business operator. This may be:

A café owner
A restaurant manager
A hotel running a food service
A franchisee or licensee of a larger chain

These operators are responsible for:

Training staff to handle and serve hot items safely
Ensuring safe packaging, appropriate temperatures, and safe customer access
Setting policies for spill prevention, table spacing, and tray handling
Monitoring how food is prepared, carried, and served

Even in busy, fast-paced settings, the law expects reasonable measures to prevent foreseeable harm. That includes foreseeable risks like overfilled coffee cups, unstable trays, and child-accessible hot items.

Employees Acting on Behalf of the Business

If an employee drops a hot drink, fails to secure a lid, or rushes service in a way that leads to a burn injury, the business itself may still be liable even if the employee made a mistake.

This is known as vicarious liability. The employer is held responsible for the actions of their staff when carried out during the course of their work.

Examples include:

A server spilling soup while reaching across a table
A barista handing over a lidless coffee cup
A staff member leaving a scalding-hot jug unattended on a buffet

In each case, it is the business, not the individual, who may face legal responsibility.

Suppliers and Packaging Providers

In some cases, packaging may fail due to a manufacturing defect rather than poor handling. Examples include:

Lids that don’t snap into place properly
Cups that deform under heat
Trays that buckle under normal use

If the packaging was inherently defective, and not misused by staff or customers, liability may extend to the supplier or manufacturer—though this is less common and may require technical product assessment.

Franchise vs Owner-operated Venues

In branded cafés or restaurant chains, the operator may be:

The brand itself (head office or corporate entity)
A franchisee running the location independently
A licensee using the brand under contract

Liability depends on who controls day-to-day operations, training, and safety policy. Even if the premises are branded, the party legally responsible will usually be the one managing service, staffing, and customer interactions.

Shared or Leased Premises

Where the injury occurs in a shared space—such as a hotel breakfast area operated by an external caterer, or a food court table maintained by the shopping centre—liability may rest with:

The caterer providing the food
The premises operator managing seating and cleaning
Both, if duties are divided

The key question is always: who had control over the hazard that led to the injury?

Legal Tests That Make a Claim Viable

Not all burns from food or drink result in a successful legal claim. For a café or restaurant to be held liable, the case must satisfy a number of legal tests. These tests form the basis for proving negligence and are applied to determine whether the injury was avoidable, foreseeable, and caused by someone else’s failure to take reasonable care.

Foreseeability and Preventability

The first test is whether the risk was foreseeable and whether it could have been prevented by ordinary care. In the food service sector, hot liquids and meals are a known hazard. Businesses are expected to take active steps to manage those risks. This includes:

Not overfilling takeaway cups
Securing lids properly
Avoiding overly high service temperatures
Preventing spills during handover
Keeping children out of high-risk service zones

If a risk is common in the industry, it is considered foreseeable. Where the hazard was obvious, repeated, or easily preventable through routine precautions, the business may be found to have failed its duty of care.

Causation

It’s not enough to show that a hazard existed. The claimant must also prove that the injury was caused by that hazard, not by an unrelated event. This is known as causation.

To establish this link, claimants typically rely on:

Medical records showing the nature and location of the burn
Photographs taken shortly after the incident
Staff incident reports or manager records
Witness accounts from other customers or staff
CCTV footage, where available

If the burn was caused by another factor—such as the customer spilling the drink on themselves after a safe handover—the claim may fail on this basis.

Reasonable Use by the Injured Party

The next test is whether the person who was burned was using the product or service in a reasonable and expected way. Reasonable use means:

Sitting at a table and drinking a hot beverage normally
Carrying a takeaway cup with a fitted lid
Accepting a hot item handed over at the counter
Walking through a food court or buffet area as intended

Claims may be undermined where the injured person was:

Running or behaving unpredictably in the café
Carrying hot food or drink in a dangerous manner
Ignoring clearly marked warnings (e.g. “Caution: Hot Surface”)
Attempting to balance multiple hot items without assistance

However, even in borderline cases, courts may still award partial damages under contributory negligence rules.

Breach of the Duty of Care

Cafés, restaurants, and food operators owe a duty of care to their customers. This duty involves:

Serving food and drink at safe temperatures
Packaging items in a manner that minimises spillage or contact injuries
Training staff to handle and serve hot items properly
Avoiding unsafe layouts, overcrowding, or poor tray design

Failure to meet these standards may be viewed as a breach of duty, especially where there is no signage, no insulation, or no attempt to reduce risk.

Contributory Negligence

Even where the business is at fault, the customer’s own actions may reduce the value of a claim. This is known as contributory negligence.

Typical examples include:

Lifting a lid to check a drink and spilling it
Placing a hot item on an unstable surface
Holding a child while handling a tray of hot items
Ignoring instructions to wait for service

If a court finds the customer partially responsible, the award may be reduced by a set percentage—commonly 20–50%, depending on the facts.

Supporting Evidence

A valid claim is almost always supported by early, consistent evidence. Key documents may include:

GP or A&E records
Photos of the injury and the food or drink item
Statements from witnesses or other customers
Any written complaint submitted at the time
Records of financial impact (e.g. work missed, treatments required)

These help to demonstrate all of the above tests: that the risk was known, the injury was caused by it, and it happened during normal use.

What to Do If You’re Burned in a Café or Restaurant

If you’ve suffered a burn from hot food or drink in a café, restaurant, or takeaway, what you do next can make a significant difference to your recovery and to any potential claim. These are the practical steps that matter most.

Get Treated and Get It Documented

Burns can be deceptively serious. Whether it’s a splash of coffee or a bowl of soup that was far too hot, your first priority is medical care.

If you’re still on the premises, ask for first aid and request that staff note the incident
Seek medical treatment promptly—through A&E, your GP, or a walk-in clinic
Tell the doctor exactly what happened, where it happened, and when
Ask for a copy of the medical report, especially if you were prescribed creams, dressings, or referred for follow-up

The medical record becomes the starting point for any legal review by establishing the injury and when it occurred.

Photograph the Scene and What Caused the Burn

Before the area is cleaned or the items are thrown away, take photos.

Capture the food or drink container involved—especially if the cup is overfilled, the lid is off, or the tray is tipped
Photograph the floor, the table, or the space where the spill happened
Take a picture of your injuries (e.g. blister, redness, swelling) as soon as possible
If clothing was soaked or burned, take a photo before washing it

If the item was takeaway packaging, keep the container and lid if possible.

Report the Incident Before You Leave

Don’t assume someone else will log it.

Tell a staff member or supervisor what happened
Ask if there’s an incident report form—if not, send an email that same day
Include key details: time, order type, where you were sitting or standing, and who was involved
If staff were rude, unhelpful, or dismissive, note that too

Written records support your account and may trigger an internal investigation that preserves CCTV or staff notes.

Hold Onto Anything That Shows the Impact

This includes:

Clothing or items damaged by the spill
Receipts from treatment, medication, or replacement items
Work absence notes or proof of lost earnings
Any messages or emails you sent to the business
Follow-up prescriptions or referrals

The more documentation you have, the easier it is to show the real-world effects of the incident.

Take Down Witness Information if You Can

If someone else saw what happened, ask for their contact details. Other customers or even staff may be willing to confirm that:

The drink or food was too hot
The lid was loose or missing
The handover was rushed
You acted normally and didn’t cause the spill

A short statement or verbal confirmation from a neutral witness can make a big difference if the business disputes your version of events.

Track How the Injury Affects You

Keep notes about your symptoms (pain, swelling, stiffness)
Take photos of the healing process, especially if there’s scarring
Record any difficulties with work, childcare, or daily tasks
Hold onto receipts for over-the-counter treatments, dressings, or ointments

These details help establish the full extent of the injury beyond what’s visible at the start.

Time Limits for Making a Claim in Ireland

If you’re considering a claim for a burn caused by hot food or drink in a café, restaurant, or takeaway, it’s important to know that there’s a strict time limit for taking legal action.

Under Irish law, you generally have two years from the date of the incident to begin a personal injury claim. This means your solicitor must file the initial application with the Injuries Resolution Board within that two-year window. If this isn’t done in time, your claim may be permanently out of time—regardless of how strong the evidence is.

There are two main exceptions:

Children under 18: The two-year clock doesn’t begin until their 18th birthday. A parent or guardian can bring a claim on their behalf at any point before that.
Persons lacking capacity: If a person lacks legal capacity to manage their own affairs, the time limit is suspended unless and until capacity is regained.

Even if you believe you have time, it’s risky to wait. Evidence in café and restaurant cases tends to vanish quickly:

Early legal advice gives you the best chance of gathering what you need while it still exists, even if you haven’t yet decided to proceed.

Contact a Solicitor Experienced in Food Service Injury Claims

Burned by hot food or drink in a café, restaurant or takeaway? John O’Leary Solicitors LLP provides clear, local legal advice based on over 20 years of experience. Contact us today to find out where you stand and what steps to take.