A woman's decision to lift a McDonald's hot drinks tray, after seeing a cup of tea was sitting unevenly on a plastic drinks stirrer, has cost her more than €11,000 in damages for scald injuries.
Judge Alison Lindsay decided in the Circuit Civil Court that drama teacher Louise Lowe was guilty of 75 per cent contributory negligence for an accident which scalded her tummy.
Ms Lowe, of Patrickswell Court, Finglas, Dublin, told Mr Aiden Doyle, counsel for McDonald's, that when served with two breakfasts at the fast-food restaurant in Dublin Airport she noticed a cup of tea was balancing on a drinks stirrer or napkin.
The scalding tea spilled over her stomach. After medical treatment she had continued a trip to Edinburgh.
Judge Lindsay said a travelling companion of Ms Lowe's had sat at a table with their coats and baggage while Ms Lowe ordered two breakfasts at the service counter.
The judge said she felt the amount of negligence on the part of McDonald's had been small in comparison to that of Ms Lowe.
She assessed damages against McDonald's at €15,150 and reduced the award by 75 per cent to account for Ms Lowe's contributory negligence. Ms Lowe was awarded €3,787 with District Court legal costs.