By LawInspectsBBQ Sauce Burn lawsuit involves a resident of San Antonio, Texas and a drive through restaurant franchise named Bill Miller Bar-B-Q. In the lawsuit, the plaintiff accused the food establishment Bill Miller of serving her dangerously hot barbeque sauce which caused severe burns to her legs, and sought $1 million in damages as compensation.
The matter was heard by a jury at the Bexar County Courthouse. Bill Miller was accused of negligence on various counts. This case is similar to the Mc Donald’s hot coffee lawsuit, and comes under the purview of restaurant liability, food safety and consumer protection. Bbq Sauce Burn lawsuit has been disposed off in favour of the plaintiff under personal injury laws.
Events leading to the lawsuit
On May 19, 2023, Genesis Monita, a 19-year-old resident of San Antonio, Texas, visited Bill Miller Bar-B-Q drive-thru along with her sister to pick up their breakfast. They parked their car in the lot to eat their breakfast right in the car. The breakfast comprised of egg tacos, potato and a container of barbeque sauce.
Genesis Monita tried to open the barbeque sauce container and accidentally spilled the piping hot sauce on her upper right thigh. Consequently, she suffered second-degree burns. Monita immediately sought medical treatment and the doctors confirmed the severity of her burns.
Genesis Monita sued Bill Miller Bar-B-Q restaurant chain in October 2019, 5 months after she was served the barbeque sauce which caused second-degree burns to her.
Allegations in the lawsuit
Genesis Monita’s personal injury lawsuit against Bill Miller Bar-B-Q alleged that the establishment was negligent on multiple counts which led to her suffering from second-degree burns and permanent scarring of her upper right thigh.
The restaurant was accused of serving the barbeque sauce at a much higher temperature than safety standards permit. According to the lawsuit, the restaurant’s own policy states that the barbeque sauce should be at 165 degrees Fahrenheit when served but the barbeque sauce served to Monita was at 189 degrees Fahrenheit.
The lawsuit also alleged that Monita was not warned about the dangerously high temperature of the barbeque sauce, and the barbeque sauce was served in a plastic container, instead of a styrofoam container, which made it difficult for the victim to handle it, thereby leading to the spill.
Defence taken by Bill Miller
Bill Miller franchise declined to comment on the lawsuit but its position became clear when attorneys representing it laid out their defence before the jury. Bill Miller claimed that it had sent a check to Genesis Monita to cover her Texas MedClinic bill and had also offered to clean her car and cover her lost wages from missing work. However, Monita didn’t cash the check and declined the other offers made to her.
Furthermore, the restaurant claimed that Monita went to Texas MedClinic only on a single occasion after the accident and did not return after her initial treatment, and she continued to work at a local pizza shop where she serves hot food.
Jury Verdict
A Texas jury comprising of 6 men and 6 women heard the lawsuit at the Bexar County Courthouse in San Antonio. On January 16, 2025, Genesis Monita and her mother testified before the jury and were subjected to cross-examination by the attorneys representing Bill Miller. The jury gave its verdict on January 17, 2025.
The jury found Bill Miller 100% negligent in the case and awarded $1.9 million in punitive damages to Genesis Monita. Furthermore, she was awarded $900,000 for past and future mental anguish, physical pain and impairment, and $25,000 for her medical expenses. Altogether, Bill Miller was directed to pay $2.8 million to Genesis Monita.
Aftermath
Bill Miller has not appealed against the verdict yet. However, the restaurant is taking precautions to prevent a repeat of the hot barbeque sauce incident. To this end, it has added bright yellow “Caution: Hot” stickers on all sauce containers and included warnings on takeout bags and drive-thru menus.