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Doom3654

join:2006-09-08

not surprised

this isnt surprising, we live in a country where you can sue somebody for burning yourself on hot coffee, or eating at McDonald's all the time and sue somebody because you cant fasten your seatbelt. ah yes, the american legal system, isnt it great?

rgillis70
Premium
join:2002-12-30
Herndon, VA

said by Doom3654:

this isnt surprising, we live in a country where you can sue somebody for burning yourself on hot coffee, or eating at McDonald's all the time and sue somebody because you cant fasten your seatbelt. ah yes, the american legal system, isnt it great?
Um the suing over hot coffee was completely legit. That person had 3rd degree burns. That my friend, is coffee that is a tad bit too hot.

Quote on that case: "McDonalds served the coffee at a temperature of nearly 200°, which can cause third degree burns in a matter of seconds. McDonalds maintained that coffee must be heated to this tempurature to be brewed to taste best. A McDonalds' quality assurance manager testified in this case that the coffee, as served by McDonalds, was not fit for consumption because it would burn the mouth and throat."

However the other stuff you mention...yeah lawyers make a killing here.


Alpine
Premium
join:2000-01-11
Atlanta, GA

reply to Doom3654

said by Doom3654:

this isnt surprising, we live in a country where you can sue somebody for burning yourself on hot coffee
Everyone uses that one as an example of an excessively-litigious society, but most people don't know the facts. The coffee was apparently -way- above standards and the lady initially just asked for help with her medical bills (about $20k) - nothing else. She had third degree burns; this wasn't just a little annoyance. McD's refused to help her at all so she sued. Even after McD's was found to be 80% at fault (and the lady 20%,) they ended up settling in secret so no one knows what the final talley was.

Still questionable? Maybe. But 99% of people citing that case just think that she immediately asked for and received millions. Not at all true. She tried to settle it quickly and cheaply.

Adam

Skippy25

join:2000-09-13
Hazelwood, MO

reply to rgillis70
Legit my butt. It doesnt matter if it is 100 degress or 1,000 degrees. She knew it was hot, the McDonald's employee didnt put it in her lap. She choose to do so and paid the concequences of her poor decision. Boo freaking hoo!

There needs to be a standard "moron" test to every single case before it is even entered into court. No lawyer speak or professional witness' to taint it. Just a simple, would the average moron know better?

If it can't pass that, then let the law suits begin. If it does pass the person and the lawyers that represented them pay all cost associated with bringing the case (double fine).



Tsume
Premium
join:2004-02-23
Johnson City, TN

reply to rgillis70
NORMAL COFFEE BREWING TEMPERATURE IS 200 DEGREES FAHRENHEIT.

The suit had absolutely no merit at all.


rgillis70
Premium
join:2002-12-30
Herndon, VA

reply to Skippy25
Read up on the case before you make statements.

McDonald's sold coffee that would cause 3rd degree burns within 2 seconds of touching the skin (including your mouth should you try to do something as strange as oh say - DRINK IT )

Their reply in court was, we felt this was not an issue because we don't care if 700 people have had 3rd degree burns. We think people will not believe us even if we tell them it can scald them. Not to mention that they did research to determine when would people drink the coffee, and discovered it was in the car...but they ignored that research and claimed that people would wait till they arrived at a destination, allowing it to cool.

I can't believe anyone would defend McDonald's on this. They showed an absolute callous disregard to safety and refused to cover an injury.

They are as much to blame as Ford's disregard of the Pinto fuel tank issues. Company's have to be held accountable when they ignore their own research on customer's safety.

You want to defend them for the lawsuit over someone saying they got fat because they ate their food? Fine - that is a VERY frivolous lawsuit. But when someone is injured, and a company knows that their product could easily cause an injury (I mean coffee is sold to be consumed - isn't it? ) and they know that hundreds of people have been injured, and yet they continue down that path...they should be help accountable.

By the way - McDonald's coffee is no longer sold at those temperatures...and sales have not slacked at all.


rgillis70
Premium
join:2002-12-30
Herndon, VA

2 edits

reply to Tsume

said by Tsume:

NORMAL COFFEE BREWING TEMPERATURE IS 200 DEGREES FAHRENHEIT.

The suit had absolutely no merit at all.
BULL

»www.atla.org/pressroom/FACTS/fri···ase.aspx

Big jump from 150 to 200 degrees. (I should point out it is not the BREWING temperature that is the issue - it is the HOLDING temperature). There is no need to keep coffee as hot as it is during brewing.

Drink a cup of 200 degree liquid and tell me how it feels.


knightmb
Everybody Lies

join:2003-12-01
Franklin, TN

reply to Tsume

said by Tsume:

NORMAL COFFEE BREWING TEMPERATURE IS 200 DEGREES FAHRENHEIT.

The suit had absolutely no merit at all.
Still there is a lot more too it, you have to read the entire case file. The woman got burned and ask McDonalds for $20,000 to cover the medical expense. McDonalds told her to f* off and then she found out that other people had been burned the same way because McDonalds was keeping track of it. What got McDonalds in trouble is they knew this was a problem and did nothing about it. The woman didn't get a million dollars, she got about $160,000. She also made McDonald's change their coffee policy not to serve boiling coffee, but to brew first, then let it cool down, then serve. Not to metion the million other people that decided to sue McDonalds at the same time, they sure didn't pay out millions to her, that's an well known Urband Legend, or I guess not well know enough

»www.lectlaw.com/files/cur78.htm

»www.centerjd.org/free/mythbuster···alds.htm


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Reviews:
·AT&T DSL Service

Her original judgement was for millions and millions of dollars, which was ludicrous. On appeal the judgement was reduced to the $160,000 sum.

Oh and BTW there were loads of copycat lawsuits filed against various retailers and restaurants nationwide after news of this verdict. I know of several retail chains that although their coffee was not nearly as hot as McDonalds, they still turned their temperatures down further to try and avoid liability.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)



LilYoda
Feline with squirel personality disorder
Premium
join:2004-09-02
Mountains

reply to rgillis70
I guess it just depends what you call coffee... The dirty sock juice that most coffee makers in the US vomit can hardly be called coffee. And yes, considering it tastes like hot water, there's no need to heat it that high anyway

However
1) the hotter you brew the coffee, the better it tastes... That's just the way it is. Work in a real bar, with a real pressure machine, you'll see.
Check »www.ineedcoffee.com/00/08/drip/ and you'll see that the ideal brewing temp is 95 to 98°C. That's 200 to 210 °F.
2) the argument that other stores brew at lower temperatures is hardly relevant. They are just more lawsuit-wary than McDonalds was.
3) everyone knows coffee is hot. Everyone I have ever met on this planet knows that pouring hot coffee on you scalds. I have been in class as a kid with other kids that had 3rd degree burns all over their chest because they spilled their hot chocolate on themselves in the morning. Every kid and every parent knows this. I can't believe that stupidity and blatant ignorance can be used in a lawsuit.

I'm not defending McDo's attitude regarding the lawsuit, etc... But IMHO, anyone that would come to me and say they do not know that coffee straight out of a coffee maker burns HARD is retarded.

What's next? Deep friers will be forbidden, or their temperature will be reduced below what is required to correctly fry a potato?
--
"the two most abundant things in the universe are Hydrogen and stupidity." (Harlan Ellison)



Teknosapien

@bellatlantic.com

reply to rgillis70
Umm that was actually won because Mc Donalds refuesed to help defray the medical costs as the person asked. The lid had been left slightly ajar. If I remember correctly she actually sued for medical expenses when the Judge/jury saw how outragous the lawyers for Mc donalds were he ordered them to pay medical and then "other damages" the woman never wanted that much money she just wanted her medical bills paid



Tsume
Premium
join:2004-02-23
Johnson City, TN

reply to rgillis70
The point here is that the lady burned herself with something she knew was hot (she had to hold the cup, right?).


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