Starbucks Sued Over Indiana Girl's Hot-Chocolate Burns

INDIANAPOLIS -- A central Indiana couple has sued Starbucks Corp., alleging their daughter was severely burned two years ago by hot chocolate that was supposed to be at a safe temperature.

In the lawsuit, Michael and Alexis Brennan allege that a Starbucks store in Fishers incorrectly provided their child an adult hot-chocolate drink after the mother had ordered a child version for her at a drive-through window in November 2004.

According to the lawsuit, Starbucks' policy at the time was to serve children's hot chocolate drinks at a lower temperature than that of adult drinks, and that the temperature of children's drinks was supposed to be incapable of burning skin.

The lawsuit, filed Tuesday in Marion County Superior Court, alleges that Alexis Brennan ordered a child's hot chocolate with whipped cream and an adult hot chocolate without whipped cream. The suit says Alexis Brennan handed the drink with whipped cream to her daughter, and that when she started driving away from the drive-through window, the drink spilled out of the cup and onto the girl's lap.

The lawsuit claims that the burn caused skin to fall off one of the girl's legs, that some of her injuries are permanent, and that the burn resulted in limitation of activity and suffering. It claims the family incurred bills for medical treatment and might incur future medical expenses, and that Starbucks was negligent.

The suit doesn't mention the girl's age, but it said she was in a child-restraint seat at the time she was burned.

An attempt by 6News to reach Starbucks for comment on the lawsuit wasn't immediately successful.