NEW YORK (CBSNewYork) – A New Jersey Dunkin’ Donuts is being sued after a customer suffered burns from spilling a hot drink.

As WCBS 880’s Levon Putney reported, Jennifer Fragoso filed a civil suit against the chain after saying she suffered second- and third-degree burns from spilling hot apple cider bought at a Belleville Dunkin’ Donuts in 2012.

“People have to understand this isn’t about the fact that hot apple cider is hot,” Fragoso’s attorney Amos Gern told Putney. “You cannot get third-degree full thickness burns unless the material is excessively hot beyond a reasonable standard.”

Gern wants the chain to lower the temperature of its hot beverages.

“It’s a very simple fix,” he told Putney.

The lawsuit is seeking punitive damages because Gern said his client sustained permanent scars on her thighs.

“For pain and suffering, permanent injuries, loss of enjoyment of life,” he told Putney. “Here you have a 24-year-old attractive young lady who will have scarring in an area of her body where it will always be visible.”

The lawsuit claims Fragoso spent months in treatment recovering from her burns.

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