As they proceeded up a ramp located inside of a Starbucks store, young Jordan Ehrenberg was injured when his nanny spilled a cup of hot tea on him.
The Ehrenbergs later sued Starbucks and the building owners--Allen and Edith Brafman--claiming the accident was caused by a "dangerous and defective" property condition.
After the defendants' dismissal request was denied by the Kings County Supreme Court, the case eventually made its way up to the Appellate Division, Second Department.
Because the Ehrenbergs weren't able to show that the ramp was "negligently designed, installed, or maintained," the AD2 thought the case had to be thrown out. (Apparently, an expert's analysis couldn't be considered because the Ehrenbergs didn't timely disclose that individual's identity and couldn't explain-away the delay.)
That was scalding.
To view a copy of the Appellate Division's decision, please use this link: Ehrenberg v. Starbucks Coffee Co.