Fee-Yee Ng v. Barnes & Noble, Inc

In Fee-Yee Ng v. Barnes & Noble, Inc., 308 AD2d 340 [1st Dept 2003] the plaintiff burnt and injured herself when she opened the lid to a hot beverage that she purchased from the defendant. The court granted summary judgment in favor of the defendant, holding that the temperature of the beverage was "an inherently dangerous attribute," the danger of which was reasonably contemplated. Therefore, the beverage was not unreasonably dangerous, provided that it was not heated "beyond reasonably expected limits." (Id.)