Quote:
Originally Posted by uncleshady
I was discussing this with some people the other day, and they said she deserved the money because the water was way too hot for normal consumption. I countered that if she wanted to sue and keep the proceeds then she should be banned from ever using very hot water again, because she obviously does not understand how to use it.
McDonalds admitted in court that their cofee was over 180 degrees. At that temperature it can cause 3rd degree burns within a few seconds. No other chain serves coffee that hot. Coffee was dispensed from drive through window to millions of customers into cars every day. It is a statistical certainty that eventually someone would spill it on themselves and when someone did the extreme temperature would guarantee a major injury. While it isn't McDonalds fault that customers are clumsy it is their fault for serving a product that has the potential to cause flash 3rd degree burns.
In the trial McDonald's admitted it was impossible for a consumer to drink coffee as served without suffering 3rd degree burns.
The $2.8 million was roughly 2 days worth of profits from coffee sales. The judge cut the damages to $640K and both parties appealed before settling out of court for roughly $600K. The plantiff originally had asked for $20K in damages (she suffered 3rd degree burns to 6% of her body and $18K in medical costs and lost wages). McDonalds offered $800 in compensation.
Don't always believe the mass media headline. The McDonalds verdict was a valid one. A consumer shouldn't have to be worried about a drink served too hot for human consumption that can result in life threatening injuries is spilled because it is server 40+ deg hotter than normal.
Last edited by DeathAndTaxes; 06-22-2011 at 10:47 PM.