A family is commencing legal proceedings against Heavenly Mountain Resort, a renowned ski destination straddling California and Nevada, following allegations that their five-year-old daughter suffered severe burns from a hot chocolate served at the venue. The child’s parents, Brittany and Joshua Burns, filed their lawsuit in February 2025, claiming that the beverage was delivered at an excessive temperature, resulting in lasting injuries.
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According to the family’s legal representative, Roger Dreyer, the incident occurred during a skiing trip in 2024. Brittany ordered a hot chocolate for her daughter from the Sky Deck café, situated mid-mountain at the resort. It is claimed that the drink was carelessly slid across the counter directly to the child without a lid after whipped cream was added. The complaint suggests that this lack of precaution contributed to the unfortunate spill when the little girl tried to take a sip of the drink.
The young girl reportedly ended up spilling the hot chocolate inside her ski suit, leading to severe burns down her chest and abdomen. Dreyer has indicated that these injuries have left the child with “permanent scars,” an assertion that underscores the family’s serious concerns regarding the incident. While the complaint does not disclose the precise temperature of the beverage served, the parents contend that it was excessively hot, describing it as “far too hot for consumption and dangerous, especially to minors.”
Through their legal action, the Burns family seeks to establish that the resort acted negligently by failing to ensure the safe serving of hot beverages. In the complaint, they argue that employees should have been vigilant about the dangers posed by serving drinks at such temperatures. Furthermore, the document accuses the resort of being “malicious” in its presentation of the drink, lacking adequate consideration for the potential for injury, especially to a young child.
The family is pursuing compensation for a variety of damages, including medical expenses, loss of future income and earning capacity, and both physical and mental suffering. They are also seeking damages for their daughter’s loss of enjoyment in life due to the injuries incurred. The case highlights the intense emotional and financial repercussions that can arise from incidents involving children and hot beverages.
In response to the lawsuit, a representative from Vail Resorts, the parent company of Heavenly Mountain Resort, stated that the business does not comment on ongoing litigation. This position has not deterred the Burns family from seeking accountability and justice for their daughter.
Despite the family having signed a waiver associated with the inherent risks of skiing, their attorney asserts that they could not have anticipated the resort serving hot chocolate at a temperature deemed unsafe for human consumption. This argument emphasises their belief that the resort’s actions went beyond what is considered a normal risk associated with skiing.
As this legal case unfolds, it sheds light on important discussions surrounding safety protocols in food and beverage service, particularly in environments catering to families and children. The outcome may have implications not only for the Burns family but also for how ski resorts and similar venues approach the serving of hot beverages in a manner that prioritises customer safety.
The events surrounding this incident will likely continue to develop as both parties prepare for the proceedings ahead. In the meantime, the Burns family remains committed to seeking justice for their daughter’s injuries and advocating for improved safety standards at establishments that serve families in similar circumstances.