Originally Posted By: FutureDoc
Originally Posted By: NHHEMI
Anyone with common sense as you put it knows hot coffee is just that = HOT! It will burn you if you spill it on yourself. The lady spilled hot coffee on herself. No MCD employee did it and it wasn't a faulty/leaking cup or lid. She did it to herself. It is a classic definition of a frivolous law suit. The fact she actually won it is more ludicrous than the case being allowed to proceed.
It would be like saying a knife mfg is at fault when someone cuts themselves because the knife was too sharp. People know knives are sharp and can cut you so you need to be careful. If you are careless, slip, etc... and cut yourself can you then sue the knife mfg because the knife was too sharp? NO. How is the coffee thing different? Everyone knows hot coffee is hot and will burn you if it is spilled on you. Be careful with it. If YOU spill it on YOURSELF then YOU are to blame not the place who made the coffee.
If you truly feel MCD is at fault then I want to come to your house or office for a cup of coffee some morning. Have your checkbook ready because I see a million dollar spill in the future.
See this is the problem.
McD's coffee was served hotter than the rest of the industry (and knew from hundreds of complaints that the coffee was causing injury). The person (a 70 year old woman) was attempting to remove the lid while sitting down. Serving coffee at a higher than industry standard temperature where you have to remove the lid to add cream/sugar. Spill coffee, while might cause minor burns is expected. But, in this case, we are talking MAJOR burns from a known "issue" (overly hot serving temp). The person was not making unreasonable actions (like driving with the coffee between her legs). Parked, stationary, passenger trying to add cream/sugar... but gets a medical bill and skin graphs.
This would be you knife example: Manufacturer knows their handle design is slippery... much more so than the industry standard. Knows about the hundreds of complaints. Your hand slips but "you should have known better" because it is a knife. McD knew their coffee was being served at a higher temp and causing injury and then denied responsibility. If the coffee was served in the normal coffee temp range, it would be tossed out. Because McD refused to pay the medical (no additional "pain and suffering" damage) they sued and the courts awarded the "punitive" cost... not the plaintiff.
Complete poppycock and exactly why people hate lawyers. You can try and justify this with industry standards and any other double talk you wish but it is just bull. Total bull.
Hot coffee is supposed to be hot period. People WANT it hot which is why they order it that way. HOT = BURN if you spill on yourself. A restaurant shouldn't have to take the temp before serving. Patrons need to be careful. If they spill it themselves then it is on them for whatever happens.
By your own words of the incident the lady was sitting down and spilled the coffee when she was taking the lid off( you make my point of view better than your own ). SHE did this to herself. It was not MCD's fault. Had an employee spilled it on her or had the cup or cap been faulty and leaked that is different. That is not the case here. Good lord does anyone in this country take responsibility for their own actions anymore? Totally on her 100%!
Also, if it was so hot as to cause such serious "MAJOR" burns( you said 2nd and 3rd degree earlier I believe )where are all the people who actually drank it that hot and had all the skin in their mouth and throat melted away? I mean if this poor woman was the victim of such a heinous act of too hot coffee burning her then all the other patrons who bought it and actually drank it should be as well. How does only this one person get such serious injuries by a spill and those who put it in their mouth were ok?
Just ridiculous. I could care less if people were reporting it was too hot prior. Different people like their beverage temps different. I am sure for many the temp was just right even though it was above your so called industry standard. My Father and Brother for instance won't order coffee out because it is usually too cold for them. They like it really, REALLY, hot. Industry standard temp. Give me a break. What an asinine thing to have. Law suits like this are why though.
Knife handle too slippery huh. Wow. MCD did the right thing refusing to pay a dime to the woman. I certainly feel bad she was hurt but it was her fault not theirs. Shame on the court/jury for awarding this woman a single cent.
Nothing else to be said on this as it is way off topic. I am done.
