When it comes to serving hot food and beverages, there is no room for error. Neglecting proper temperature control can have severe consequences, leading to serious injuries, costly lawsuits, and irreparable damage to a restaurant’s reputation. For restaurant operators and foodservice professionals, maintaining safe serving temperatures isn't just about compliance; it’s about protecting your customers, your business, and your bottom line.

Recent legal cases underscore the critical importance of temperature control in restaurants, particularly concerning hot liquids. A notable incident involves Bill Miller Bar-B-Q, a San Antonio-based chain, which was ordered to pay approximately $2.8 million in damages to 19-year-old Genesis Monita. In May 2023, Monita suffered second-degree burns after spilling the restaurant's barbecue sauce, heated to 189°F, onto her thigh. The jury found the restaurant grossly negligent, highlighting the absence of adequate warnings about the sauce's temperature and the use of insufficient containers. (ksat.com)

This case echoes the infamous 1992 lawsuit involving McDonald's, where 79-year-old Stella Liebeck sustained third-degree burns from coffee served at approximately 190°F. Liebeck's injuries required extensive medical treatment, including skin grafts. The jury awarded her $2.7 million in punitive damages, emphasizing the company's negligence in serving excessively hot beverages without proper warnings. (tortmuseum.org)

These incidents remind restaurant owners and operators to prioritize customer safety by implementing stringent temperature control measures for hot liquids. The Centers for Disease Control and Prevention (CDC) reports that scalds from hot liquids or steam constitute approximately 33%–58% of all patients hospitalized for burns in the United States. (cdc.gov)

Existing Laws and Industry Standards for Serving Hot Liquids

In the United States, no federal regulations specify exact serving temperatures for hot beverages in restaurants. However, various industry guidelines and state-level regulations provide direction to ensure consumer safety:

Industry Standards: The Specialty Coffee Association (SCA) recommends brewing coffee at temperatures between 195°F to 205°F (90.5°C to 96.1°C) to achieve optimal flavor extraction. However, serving temperatures are often lower to prevent scalding injuries. Research indicates that serving beverages at temperatures above 160°F (71°C) can cause third-degree burns upon contact with skin. (static.nationwide.com)

‍

State Regulations: Some states have implemented guidelines regarding the temperature of hot beverages served. For instance, in New York City, the Department of Health mandates that hot drinks be served at a maximum temperature of 140°F (60°C). In contrast, California does not specify an exact temperature limit but holds establishments liable if beverages are served, causing burns or injuries.  (kitchensurfers.com)

Healthcare Facility Guidelines: The Centers for Medicare & Medicaid Services (CMS) emphasizes that healthcare facilities must serve food and drinks at safe and appetizing temperatures. The Interpretive Guidance highlights the need to balance serving temperatures that appeal to residents while minimizing the risk of scalding and burns. (cmscompliancegroup.com)

Given the variability in regulations and the potential for severe injuries, restaurant operators and foodservice professionals must establish and adhere to safe serving temperature protocols. Implementing comprehensive staff training, utilizing appropriate serving containers, and clearly communicating potential hazards to customers are essential steps in mitigating risks associated with hot beverage service.

Best Practices for Safe Temperature Control
‍

To mitigate the risk of burn injuries and potential legal repercussions, restaurants should consider the following practices:

1. Regulate Serving Temperatures: Maintain hot liquids at safe temperatures. For instance, serving coffee at 160°F allows a 20-second window before third-degree burns occur, providing a critical buffer for accidental spills. (tortmuseum.org)

2. Utilize Appropriate Containers: Ensure all containers used for hot liquids are designed to withstand high temperatures and prevent accidental spills. Sturdy, insulated cups with secure lids can significantly reduce spill risks.

3. Provide Clear Warnings: Clearly label hot beverage containers with conspicuous warnings about the contents' temperature. Effective communication can alert customers to exercise caution when handling hot liquids.

4. Train Staff Thoroughly: Educate employees on the importance of temperature control and safe handling practices for hot liquids. Staff should be trained to serve hot items safely and respond promptly and effectively to any accidents.

By adopting these safety measures, restaurants can create a safer environment for patrons, reducing the likelihood of severe injuries and subsequent legal actions. Prioritizing customer safety is a legal obligation and a fundamental aspect of responsible business operations.

‍