Tim Hortons Employee Throws Hot Coffee At Customer
Tim Hortons is a coffee and donut shop like Dunkin Donuts that is primarily in the North-Eastern part of the United States. Tim Horton was a Buffalo hockey player and originally a Canadian. According to a recent lawsuit, however, one of their employees went ballistic after a customer called her a gender slur.
According to the lawsuit, the woman was going through the drive-thru when she attempted to add 10 donut holes to her order. A 16-year-old girl who was manning the drive-thru explained that it was against policy and that she would have to re-enter the line. A supervisor intervened on the girl’s behalf and gave the woman her donut holes. The worker slammed the window shut and the woman in her car turned to her boyfriend and said, “Wow, that b*itch.” That’s when the girl opened the drive-thru window again and poured hot coffee on the customer.
Police were able to confirm that a large amount of “coffee residue” was recovered from the victim’s face. According to the victim, she was not injured because the coffee was warm, not hot, due to the amount of cream in it. However, now that a lawsuit has been filed, the woman is claiming that she sustained injuries to her body and cellphone, likely because a personal injury lawyer explained how tort lawsuits work. In this article, we’ll discuss the situation mentioned above.
Does the woman have a lawsuit?
Eh. The woman has a dry cleaning bill she could present to Tim Hortons. Unfortunately, you cannot file a lawsuit against someone who did not cause injury unless their conduct is so depraved and upsetting that it shocks the conscience of the American public. Unfortunately, someone who wants the rules to not apply to them and demands their order be changed at the window is likely not going to be harmed in any way that shocks the American conscience.
Further, her lawsuit is in trouble because she told police at the scene of the incident that she had not sustained injury and that the coffee was warm. In a personal injury filing, the woman said she sustained injury and her cellphone was damaged, neither of which appear likely.
So, while an irate employee tossing coffee on a belligerent customer is generally a compensable injury, the coffee actually has to cause some form of injury. It is unclear if the girl is facing charges related to battery, but she easily could, even without injury. The staff member did, however, lose their job.
The moral of the story is, you should never bait employees during a pandemic, and if you do, you will have less sympathy from a jury if you call them a slur. Further, if the employee retaliates, you must be injured to file a personal injury lawsuit. Lawsuits without injury can only occur under extreme circumstances.
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