In this scenario, in which Robert orders coffee while having breakfast in a diner. and he suffers third-degree burn injuries when the coffee accidently spills on him and as a result he presses charges against the diner for failing to notify him that the coffee was exceptionally hot, the diner is guilty of an unintentional tort. An unintentional tort is a type of unintended accident that leads to injury, property damage or financial loss.