Not to pursue an accident claim

[user87382294757]

I'm being advised by a family member I have a case for an accident claim over our holiday at half term. I think it is OTT and not want to do this. I'll explain.

We were at a National Trust beach cafe at the half term and I spilled hot tea over myself resulting in a nasty scald to the foot with blisters, needed bandaging an first aid, they were good and helped with calling it down and were advised to go to the local minor injuries and burns unit where it was bandaged, needed to go back daily for it to be re-dressed and now having apps at home again, it seems to be a nasty one.

A family member says I would claim against the NT, as I asked for a tea with milk and they gave me a scalding hot takeaway cup with a sealed lid (it was when i took the lid off to add milk it went everywhere). I think, yes this was not helpful but I don't think that would be negligent. Also the stress and fuss of it all and feeling about it in general. AIBU?

I had an accident, other part at fault, 10+ years ago, i was injured, my OH & family pushed me to make a claim, got paid out by their insurance, not life changing money. Tbh it didn't nor still doesn't sit well with me. The whole process was intrusive, I felt bad for the other party even though they were at fault but it wasn't deliberate, it was an accident. I would never make a claim over again

Sorry to hear, burns are nasty.
Unfortunately, they handed you the cup with the lid properly done and those lids then to have "hot" or "careful hot" wording on them for this reason.
I think unless you spent lots on a big lawyer you have no easy claim.

I do think they should be more careful with adding lids to scalding hot cups though- see here- rather than adding milk first. It would not be hard for them to have an area for adding milk before the lid. www.unlockthelaw.co.uk/News/espresso-yourself-is-your-drink-too-hot-to-handle/842818811.html

I understand a woman in the US successfully sued MacDonalds when she was scalded by a black coffee. The o for that the water used was too hot and was an accident waiting to happen . Her burns were very severe

America has very different liability laws, but the lid was also not properly attached, according to the court documents - she removed the lid to correct it; the coffee was above the legal maximum for the container being used and she spilt it on herself. She was also using the drive-thru, which was seen as relevant as it meant the coffee should have been served ready for her to drive away.

You spilled it, your own fault. I presume the NT assume adults who order hot beverages are capable of not scalding themselves. It’s not unreasonable to expect a grown adult to put milk in their own tea, and it would not be efficient for them to do it, as they would have to put in a certain amount of milk in each order, to cool down the beverage enough for it not to be hot.