A California family has initiated legal action against Heavenly Mountain Resort, alleging their five-year-old daughter suffered permanent scarring from a hot chocolate served at an “excessively” high temperature. The lawsuit, filed in El Dorado County Superior Court, accuses the Vail Resorts-owned property of negligence and “malicious” disregard for safety.
The complaint stems from a 2024 visit to the resort’s mid-mountain Sky Deck cafe. According to court documents, Brittany and Joshua Burns ordered a hot chocolate for their daughter during a break from skiing. The plaintiffs allege a cashier applied whipped cream to the beverage before sliding it across the counter directly to the child without a lid.
When the five-year-old attempted to drink the beverage, the liquid spilled inside her ski suit. The family’s attorney, Roger Dreyer, stated the child sustained severe burns to her chest and abdomen, resulting in permanent scarring.
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The legal filing contends that the beverage was served at a temperature “far too hot for consumption” and posed a significant hazard, particularly to a minor. Key allegations in the suit include:
- Lack of Safety Protocols: Failure to secure the beverage with a lid before serving it to a child.
- Excessive Temperature: Serving a drink at a heat level deemed “unnecessary” for standard consumption.
- Failure of Duty: The complaint asserts that staff should have been aware of the inherent risks posed by serving scalding liquids in a high-traffic recreation area.
“She has permanent scars,” Dreyer told the San Francisco Chronicle. While the family signed standard liability waivers for skiing activities, Dreyer argues that such waivers do not cover the expectation that a resort would “cook the hot chocolate to a temperature that’s not consumable to a human being.”
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The Burns family is seeking compensation for medical expenses, loss of future earning capacity, and physical and mental suffering. The suit further categorizes the resort’s actions as “malicious” for presenting the drink without due care for the likelihood of injury.
When reached for comment, a spokesperson for Vail Resorts stated, “We do not comment on pending litigation.”
The case mirrors historical “hot coffee” liability suits, highlighting the ongoing tension between corporate service standards and consumer safety in the hospitality and recreation industries.
