US Woman, 74, Sues McDonald’s Over $2M Hot Coffee Burn

In 1992, Stella Liebeck’s lawsuit against McDonald’s became infamous—but the issue didn’t go away. Now, in 2022, another customer—this time a 74-year-old California woman—has suffered serious burns from McDonald’s coffee, leading to yet another high-stakes legal battle.

The woman is seeking over $2 million in damages after being severely burned by coffee served at an unsafe temperature. Her lawyers confirm the coffee was served at around 175°F, far hotter than what most consumers would consider safe for immediate drinking.

What Happened in the Latest McDonald’s Coffee Burn Case?

In August 2022, Phyllis Foley, a 74-year-old homemaker from Clovis, California—about 200 miles southeast of San Francisco—visited a McDonald’s drive-thru at the intersection of Alluvial and Temperance. She ordered coffee through the car window. According to her lawyer, William Varner, an employee handed her the cup, and the hot liquid spilled directly onto her lap, causing second-degree burns to her lower body.

Foley reported ongoing pain, stating, “It still hurts. That burning feeling keeps me awake at night.” Despite attempts to settle out of court, negotiations with McDonald’s broke down on Thursday, leading to plans to file a formal lawsuit in Fresno County Superior Court in 2023.

Why Was the Coffee So Hot?

McDonald’s has long been known to serve coffee at temperatures between 180°F and 190°F—significantly higher than the average home-brewed cup. According to the lawsuit, employees served Foley coffee that was “unreasonably hot,” exceeding 175°F. The defense claims this temperature is used to preserve taste and reduce the frequency of reheating, thus saving on operational costs.

While McDonald’s has since added bilingual “Caution: Contents Hot” warnings on cups, both in English and Spanish, the temperature remains a critical factor in burn risk. Industry standards and safety advocates have long debated whether such temperatures are necessary or excessively dangerous.

How Does This Compare to the 1992 Liebeck Case?

The current case closely mirrors the infamous 1992 incident in Albuquerque, New Mexico, where 79-year-old Stella Liebeck suffered third-degree burns after spilling McDonald’s coffee on herself. She was awarded $2.9 million by a jury, later reduced to $650,000 by the judge, with the final amount settled out of court. Liebeck’s case became the poster child for so-called “frivolous lawsuits,” though many legal experts argued it raised valid concerns about corporate responsibility and product safety.

Like Liebeck, Foley is alleging negligence and intentional misconduct, claiming McDonald’s knew the coffee was dangerously hot and served it anyway. Her claim includes compensation for medical expenses, physical pain, emotional distress, and mental anguish.

What’s the Current Status of the Lawsuit?

As of the latest update, Foley and her attorney decided not to settle and are proceeding to file a lawsuit in Fresno County. The exact settlement offer from McDonald’s remains confidential. The legal team argues the case against McDonald’s is even stronger than Liebeck’s because the spill occurred directly from the drive-thru window, with an employee responsible for the accident.

Frequently Asked Questions

How hot is McDonald’s coffee typically served?

McDonald’s coffee is usually served at around 180°F to 190°F. Industry experts note this is significantly hotter than the average home-brewed coffee, which is typically around 135°F to 160°F. The 1992 and 2022 cases both involved coffee served well above 175°F.

What happened in the 1992 McDonald’s coffee lawsuit?

In 1992, 79-year-old Stella Liebeck spilled McDonald’s coffee on herself in New Mexico, suffering third-degree burns. She sued and was initially awarded $2.9 million by a jury, which was later reduced to $650,000. The case became widely known as an example of a “frivolous lawsuit,” though it raised important questions about product safety and corporate liability.

What kind of injuries did Phyllis Foley suffer?

Phyllis Foley suffered second-degree burns to her lower body after coffee spilled on her lap. She has reported ongoing pain and sleep disruption due to the severity of the burns and the continuing sensation of heat.

Why would McDonald’s serve coffee at such a high temperature?

McDonald’s has stated in past cases that coffee is kept at high temperatures to preserve flavor and reduce the need for frequent reheating. However, consumer safety advocates argue that such temperatures present an unnecessary burn risk, especially for drivers or elderly customers.

Has McDonald’s made any changes since the 1992 lawsuit?

Yes, McDonald’s now includes “Caution: Contents Hot” warnings on its coffee cups in both English and Spanish. However, the actual serving temperature of the coffee has remained largely unchanged, which continues to be a point of contention in lawsuits.

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