Burger Heaven (BH) is a large chain of restaurants specializing in burgers and fries. In response to customer demand, BH added coffee to its menu. The temperature of the coffee and the style of containers and lids were part of BH operating standards to be followed by all restaurant operators and staff. BH Restaurants provide counter and drive-through service. Sandra bought coffee in the drive-through for herself and her husband, Morley. Sandra passed both cups of coffee to Morley. The car hit a big bump and the coffee spilled in Morley’s lap, burning him severely.
What should BH do about this particular incident? Is Morley likely to be successful in any claim for negligence? What defences might BH raise? How can BH manage the risk of a similar incident occurring in the future? Can any preventive steps be taken?