How can you claim someone else caused you to burn yourself when you prepare your own coffee?

What do they call these types of lawsuits? Frivolous ?

Man claims to have been burned at Panera Bread restaurant, saying they failed to give him a lid for his coffee cup. He is seeking in excess of $25,000 in damages and demands a trial.

Here is link to story – http://www.vindy.com/news/2010/feb/18/man-suing-canfield-panera-over-hot-coffee/#c119928

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