Source: All England Reporter
Publisher Citation: [2002] All ER (D) 436 (Mar)
Court: Queen's Bench Division
Judge:

Field J
Representation Tim Horlock QC and Christopher Kennedy (instructed by Slater Heelis Collier Littler) for the claimant.
  Kate Thirwall QC and Simon King (instructed by Vizards Wyeth) for the defendnat.
Judgment Dates: 27 March 2002

Catchwords

Negligence - Duty to take care - Existence of duty - Claimants bringing group action against defendant in respect of personal injuries caused by the spillage of hot drinks - Whether defendant negligent in dispensing and serving hot drinks at temperature it did - Whether defendant under duty to warn customers as to risk of injury - Whether drinks 'defective' - .

The Case

The court dismissed a group action in respect of personal injuries caused by the spillage of hot drinks sold by a well known fast food chain, holding that although customers would expect basic precautions to be taken against risks, that was not to the point that they should be denied the basic utility of being able to buy hot drinks to be consumed from a cup with the lid off.

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