HawthorneVillager.com

well, yeah. nothing like a good lawsuit to get a corporation to pay attention and make sure that they change the way they do things ... if only to make sure they don't get sued again. unfortunately.

and on another point, one reason the timmies might have only given a free coffee or whatever is because maybe the manager was concerned that he didn't want to be seen to admit that it actually happened or that they did something wrong. if he or she were to have said "oh my gosh, that totally happened and you are totally right, let me call an ambulance and here, have free coffee for a year, and i'll sign this apology here", then if there is a lawsuit it would be pretty tough (or tougher) for timmies to say - hey, you prove this actually happened because we didn't see any glass in your cup. just an idea...

Email corporate offices, I am sure they would want to know about it. Remember, stuff rolls downhill. That would be the best bet to ensure that things will be handled correctly and not happen again.

Matt

Emailed timmies corporate this morning. Lets see what if anything happens

It’s called an accident for a reason. If you had been in their shoes, would you have caught the glass? Heck, you were standing right there when it happened and you didn’t think to check the cup.

So the right thing to do is drop it. Stuff happens.

However, you could take them to small claims court, and they would absolutely settle for a nice sum. Sue for $15,000 grand, and settle for whatever they offer you to go away. It will cost a few hours of your time and a small paperwork fee. I’d probably do it.

Check the cup??? How, climb over the counter and ask to inspect before they pour my coffee?? And most accidents can be prevented.

No way that grit was sugar. It dissolves pretty good. I would not sue, but bring it up with corporate for sure!

The store offered me a $10 gift card

Hey, you were right there when the jug exploded. You should have asked them to double check that the glass was not in any cups stored nearby. (I’m playing devil’s advocate here)

Is it reasonable for you to have known to check for that? Not really. So why should it be reasonable for the staff to have done the same? It’s a coffee shop, and just because it’s “Tim Hortons” doesn’t mean it’s possible for them to have anticipated and trained staff for every possible scenario. These are minimum wage high-school kids who will quit after 3 months. How trained do you expect them to be?

Accidents can be prevented, but by definition aren’t. I could trip and fall on an icy sidewalk tomorrow. Is that preventable? Yes. Is it reasonable to expect that sidewalks never be icy? No. In life, there must be some expectation to expect the unexpected.

Regardless, you have a million legal arguments in your favor on this one. The courts will almost certainly take your side and say they should have ensured the cups were safe. You’ll get a payout on this.

You will get nothing writing to head office, save a gift card or something. Legally that’s likely a bad idea as well, as anything you say can be used against your arguments in court. I hope you told them you can’t sleep at night, and every time you see a tim hortons commercial your throat swells up from the post-traumatic stress disorder you now have. lol

It just has to be someone else's fault doesn't it. Nobody wants to take responsibility for themselves, or if they do f**K up, they want someone to make their problems go away and not face the music. Sometimes sh*t happens. So far no one has died, so get over it. If you do die, your family can be the one to profit from it.

I am not quite sure I understand what it is you're trying to say. Could you clarify? It sounds like you're saying he should take responsibility for someone else giving him a coffee with glass in it.

Thanks in advance.

Wasn't it in Oz where they were grinding glass and putting it in the mafia don's food to slowly kill him off?

Also, mouse in a beer bottle.

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In Canada, you need to actually be injured to get law suit money. It's not like the US where you can say "but I might have been hurt".

Slip and fall on ice = "but I could have broken my arm" = 0$ in Canada
Slip and fall on ice = "but I *did* break my arm" = $$$$ in Canada

If you had a picture on the phone, this is a good time to bring it to the attention of others via Social Media with a @TimHortons -- that would probably get much more response than a $10 gift card quite quickly.

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My sister had her fingers burnt when the timmies cashier accidently spilled some of her tea as she was handing the cup to her. If you've ever had timmies tea you will know how that must have hurt, you can let it sit for hours before that baby is cool enough to even drink. Anyways, she did the whole letter thing to corporate, photos of her blisters, copy certifying a visit to the doctor, etc. Nothing ever came of it, not even a reply. I suspect they get claims for similar events almost daily, if not multiple times a day. If they took the time to respond to all they would need a lot of staff...they probably take the risk/reward approach and assume that most will go away on their own if they ignore and focus on the biggies that might have some legal recourse or loss to them.

I don't blame the store owner for not offering you anything...by doing so it could be implied he agreed or acknowledged he was liable for possible harm and that the offer was a form of compensation that, unless you sign something, doesn't absolve him from future claims from you for additional compensation. I'm no lawyer but have co-workers that are and we've often run these what-if scenarios by him all the time....it makes him feel smart and interesting but that's another story.