NEPTUNE, N.J. — A New Jersey family is suing convenience store Wawa over burns they allege their 3-year-old daughter sustained when a cashier knocked over a cup of hot tea at checkout.
The federal suit, filed Monday, claims the store dispenses water at a "highly dangerous temperature."
David Mazie, the family's attorney, released a video of the April 25 spill that happened at the Neptune location. It shows the clerk bagging the family's purchases, and accidentally knocking over a water bottle, which then hits and topples the cup of hot tea.
The child can be seen jumping and writhing in seeming pain.
Mazie says the girl was taken to a hospital with second and third-degree burns.
"Third degree burns are the worse burns you can suffer and have," Mazie said. "She’s being evaluated as to whether or not she needs any skin grafts to correct those second or third degree burns."
The family believes the tea was sold at a dangerously hot temperature. The lawsuit claims Wawa knew their hot water machine would cause severe burns if spilled on skin.
Wawa spokeswoman Lori Bruce says she can't comment on litigation, but adds the company is "devastated" by what happened.
The lawsuit seeks more than $150,000 in damages.