TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Thursday, February 10, 2011

Hot Nacho Suit Against Disney

In March 2010, a California family visited Walt Disney World in Orlando, Florida, with their four-year-old son Isaiah.  While there, they bought some nachos as a snack.  Those nachos "were spilled" on Isaiah, who suffered burns. 

They've now sued Disney in a suit that might -- sort of -- echo the famous/infamous Liebeck coffee case, though there are some obvious differences (age of the plaintiff, the particular way the injury occurred, etc.). 

The complaint is available here (PDF), and the exhibit, with a photo of the boy's burns, is available here (PDF).

According to at least one vendor's website, nacho cheese is held from 140-155 degrees.


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I am thinking this is another case of the parents not doing their job, you never let a 4 year old eat anything you have not first made sure it is not too hot. As a parent I would always check the temperature of food for my kids because you do not want them to be here is a thought BURNED!!

And it the cheese was cold and chunky would they have set it back because it was not hot?

Posted by: ed | Feb 12, 2011 5:33:54 AM

As the story makes clear, the four-year-old did not eat the nachos. They were spilled on him. It may be that the parents spilled them -- the complaint uses the passive voice -- but the parents did not, at least per the complaint, give the child nachos without checking the temperature.

Posted by: Bill Childs | Feb 16, 2011 7:11:39 AM

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