“Small things can turn everything around,” a renowned athlete once said. This observation could also apply in respect of SABS claims where claimants are injured by hot liquids or coffee while inside an automobile. In such cases, the role of a small coffee lid might influence the outcome of the hearing.
The case in point is the recently released LAT decision of Miceli ats TD.[1] The claimant was a seated passenger in a car that had lined up at a McDonald’s drive-thru. An employee passed an extra-large hot coffee to a family member, who then passed it on to the seated claimant. The claimant observed an “improperly placed lid” and hot coffee spilled onto the claimant.
The application for accident benefits was subject to a preliminary motion to determine if an “accident” occurred pursuant to s.3(1) of the SABS.
According to that regulation, an incident meets the definition of an “accident” if “use or operation” of an automobile “directly causes” an impairment.
Established principles of caselaw provide that even if use or operation is accepted, there could still be an “intervening act” that interrupts the chain of causation.
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