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Nadine Diaz

Attorney Nadine Diaz is a Board Certified Civil Trial Lawyer by The Florida Bar with over 30 years of experience representing injured victims throughout Florida. She focuses on personal injury and wrongful death litigation and holds an AV Preeminent rating from Martindale-Hubbell.

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The legal information presented on this page reflects the professional oversight of Attorney Nadine Diaz and the attorneys at Darrigo & Diaz Personal Injury Attorneys. It is provided for informational purposes only and does not constitute legal advice or create an attorney-client relationship.

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Can You Sue a Fast Food Restaurant for a Burn Injury in Florida?

Quick Summary: Can You Sue a Fast Food Restaurant for a Burn Injury in Florida?

• Florida law may allow lawsuits against fast food restaurants for negligent burn injuries.
• Claims typically involve hot beverages, food, or cooking equipment causing thermal burns.
• Florida’s statute of limitations gives injury victims a limited window to file claims.
• Franchise structure affects whether you sue the local owner or the corporate entity.

Need immediate help? Contact Darrigo & Diaz Personal Injury Attorneys.

A burn from a spilled hot drink or improperly packaged food can cause real harm that lasts well beyond the moment of injury. Florida law may allow you to bring a claim against a fast food restaurant when negligence caused that harm. Whether you have a valid case depends on the specific facts. Fast food burn injuries happen across Florida every day. They occur at busy drive-throughs along tourist corridors and at franchise locations in major metropolitan areas.

Florida restaurants must follow rules set by the Florida Department of Business and Professional Regulation. When a restaurant fails to meet those standards and a customer suffers a scalding injury, Florida’s circuit court system provides a path to seek accountability. This article walks through how a fast food burn injury lawsuit in Florida works under state law.

How Burn Injuries Happen at Fast Food Restaurants in Florida

Burn injuries at fast food restaurants can happen in several forms. The cause of the injury shapes how restaurant liability for burns in Florida is evaluated. Common scenarios include:

• Hot beverage spills: A server hands a cup of coffee or tea through a drive-through window without securing the lid. The cup tips, and the customer suffers thermal burns.
• Improperly packaged hot food: Grease or steam escapes from fries, sandwiches, or soups in defective containers.
• Drive-through handoffs: Florida’s warm climate drives heavy drive-through traffic year-round. High-volume service can push staff to rush hot items without proper care.
• Injuries to children: Restaurant staff serve an item too hot for a child to safely handle. These cases often involve lasting impacts due to scarring on a minor.
• Defective containers or lids: A faulty lid or bag gives way, and hot contents spill. These cases may give rise to product liability claims in Florida.

In each case, the legal question is whether the restaurant met the duty of care owed to customers. That failure is the basis of a negligence claim against a fast food restaurant in Florida.

What Burn Injury Victims in Florida Often Face

Burn injury victims in Florida deal with physical pain and rising medical bills. They also face pressure from restaurant insurance adjusters. These adjusters move quickly to limit the company’s exposure. They often raise Florida comparative negligence as a defense, arguing the customer shares fault for the spill.

Many victims discover that early missteps hurt their case. Failing to report the incident or delaying medical treatment can weaken your claim. Insurers use these missteps to deny or reduce payouts. Understanding Florida law from the start helps protect your right to fair compensation.

What Counts as Negligence in a Florida Burn Case

Negligence means a restaurant failed to use reasonable care, and someone got hurt. To prove negligence, you must show four things:

• The restaurant owed you a duty of care.
• It breached that duty.
• The breach caused your injury.
• You suffered real damages.

Florida’s food safety rules help define what reasonable care looks like.

Additionally, the Florida Department of Business and Professional Regulation sets standards for how restaurants handle hot food and drinks. When a restaurant ignores these standards, that failure can support a negligence claim.

Serving temperature is often a key issue. Hot beverages served above 140 to 160 degrees Fahrenheit carry a higher burn risk. Whether a serving temperature counts as negligence depends on the facts. Temperature evidence, packaging, and warnings all play a role in how fast food restaurant negligence in Florida is evaluated.

Florida’s Statute of Limitations

Florida law sets a strict deadline for filing personal injury lawsuits. Under Florida Statutes Section 95.11, you have two years from the date of the injury to file. This deadline came from Florida’s 2023 tort reform law.

Before March 24, 2023, Florida gave injury victims four years to file. That window has been cut in half. Personal injury cases are typically filed in the Florida circuit court for the county where the injury occurred. Missing the two-year deadline usually bars any recovery.

Franchise vs. Corporate Liability in Florida Burn Injury Cases

A key question in any fast-food burn injury lawsuit in Florida is identifying who is responsible. The answer is rarely as simple as pointing to the restaurant. Most major chains operate as franchises, and that structure directly shapes restaurant liability for burns in Florida and which parties may be held liable.

How Major Fast Food Chains Operate in Florida

Most fast food locations in Florida are not owned by their corporate parents. McDonald’s, Burger King, Wendy’s, Chick-fil-A, and Taco Bell locations are typically run by independent franchisees who license the brand. The franchisee hires staff, manages daily operations, and carries its own insurance. When a burn injury happens, the franchisee is usually the first defendant to consider.

Suing the Local Franchisee vs. the Corporate Parent

Suing a local franchisee and suing the corporate parent are very different actions. The franchisee owns and operates that specific location. The corporate parent sets brand standards, training protocols, and equipment rules.

Consider an example. A corporate-mandated lid design might prove defective. Or required brewing temperatures might exceed safe serving thresholds. In those cases, the corporate parent may share franchise liability for injuries in Florida with the franchisee.

How Florida Law Determines Which Entity Is Responsible

Florida law does not automatically hold corporate parents liable for franchisee actions. Courts look at how much control the corporate entity had over the operations that caused the injury. The more detailed the corporate standards, the stronger the case for corporate liability. Reviewing the franchise agreement is a key step in any case.

How Insurance Companies Respond to Fast Food Burn Claims in Florida

Restaurant insurance carriers follow a familiar playbook when responding to hot beverage burn claims in Florida. Their first goal is to limit the value of the claim or deny it altogether. Adjusters often request recorded statements and ask leading questions about how the spill happened.

A common defense involves Florida’s modified comparative negligence standard. A plaintiff found more than 50% at fault cannot recover any damages. If you are found 30% at fault, your compensation drops by that 30%. Insurers push the fault percentage as high as possible.

This is also why premises liability for restaurant injuries in Florida matters in burn cases. 

Restaurants owe customers a duty to provide reasonably safe premises and service. Strong evidence makes it harder for insurers to shift fault. Settlement negotiations often turn on how well the facts were preserved in the days right after the burn.

Evidence and Documentation in a Florida Restaurant Burn Claim

Strong evidence is the foundation of any successful burn injury claim. What you gather right after the injury can make or break your case. In a premises liability for restaurant injuries in a Florida case, an experienced trial attorney can help identify and preserve the records that matter most.

Evidence Needed in a Restaurant Burn Claim

• Incident report: File a report with restaurant management before you leave the premises.
• Medical records: Get medical care and medical treatment documentation quickly and keep all records of your treatment.
• Photographs: Take photos of the injury and the product or container involved.
• Surveillance footage: Ask the restaurant to preserve footage right away. Most systems overwrite recordings within days.
• Witness statements: Get names and contact info from anyone who saw what happened.
• Temperature logs: Records of serving temperatures may be relevant evidence.

Documentation Mistakes That Can Weaken Your Claim

• Failing to report the incident: Leaving without filing a report removes the restaurant’s record of the event.
• Not seeking immediate medical care: Delays in treatment let insurers argue your injury was not serious.
• Disposing of the container or lid: This destroys physical evidence of the incident.
• Not collecting witness information: Witnesses become hard to locate over time.

Burn Injury Compensation in Florida

Florida law allows injury victims to seek compensation for many types of losses. Burn injury compensation in Florida may include economic and non-economic damages, but every case is different. No attorney can promise a specific outcome. Common categories evaluated include:

• Medical expenses: Emergency care, wound treatment, skin grafts, and follow-up visits.
• Future medical costs: Ongoing care, physical therapy, and treatment for permanent scarring.
• Lost wages: Income lost during recovery and reduced future earning capacity.
• Scarring and disfigurement: Permanent burn scars, especially on visible areas like the face or hands.
• Pain and suffering damages: Physical pain, emotional distress, and reduced quality of life.

Cases involving children may include extra damage categories. Florida courts may consider the long-term impact of scarring on a child’s development and future. Under Florida Statutes Section 744.301, parents may pursue claims on behalf of an injured minor child.

When It May Help to Speak With a Florida Personal Injury Attorney

Timing matters in burn injury claims. Evidence fades. Surveillance footage gets overwritten. Witnesses become hard to find. The two-year statute of limitations for personal injury runs from the date of the injury, not the date you decide to act.

Some people worry their claim will be seen as frivolous. Florida law actually requires proof of negligence. A restaurant that served a dangerously hot item without proper packaging is a legitimate legal question. Speaking with a Florida personal injury attorney and a Florida product liability lawyer early helps preserve critical evidence before filing a burn injury claim in Florida.

Attorney Nadine Diaz is a Board Certified Civil Trial Law Specialist by The Florida Bar. She brings direct experience with personal injury cases in Florida’s circuit courts. Florida’s District Courts of Appeal review trial-level rulings, and strong cases are built with the appellate landscape in mind. The Darrigo & Diaz team can help you understand what filing a claim may involve.

Florida Fast Food Burn Injury FAQ

How long do I have to file a burn injury lawsuit in Florida?

You have two years from the date of the injury to file. This deadline is set under Florida Statutes Section 95.11. The rule changed in 2023 from four years to two. Missing this window typically bars recovery.

Does comparative negligence affect my claim if I removed a lid?

Yes, it may. Florida’s modified comparative negligence rule reduces your compensation by your share of fault. If you are found more than 50% at fault, you cannot recover at all. The exact circumstances of how you handled the lid matter a lot.

Can I sue a fast food chain’s corporate parent in Florida?

It depends on how much control the corporate parent had over the operations that caused your injury. Most Florida locations are run by franchisees, who are usually the primary defendant. If a corporate policy or required equipment caused the injury, the parent company may also be liable.

Talk to Darrigo & Diaz About Your Florida Burn Injury Claim

Have questions about pursuing a burn injury claim in Florida? Our team at Darrigo & Diaz is happy to talk through what happened and what your options may look like. Speaking with an attorney early can help you understand what steps may be available under Florida law.
Attorney Nadine Diaz and team can discuss timing, the documentation you have, and what Florida law may provide based on your specific situation. Contact Darrigo & Diaz at (813) 734-7397 to start a conversation.