Click on the blog title to read the article. I just love Lawyers........I've broken out some interesting tidbits from the article to comment on....
From the article: (I love the explanations....and I still don't think the lady deserved any money from McDonalds as basically it was her and her Grandson at fault and not a McD's employee or the Corporation itself)
So the actual story is that she was a passenger and her grandson was driving. She placed the cup of hot to the touch (anyone that has ever bought coffee from McD's, Dunkin Donuts, Starbucks, etc can instantly tell by touch that it's freaking hot) between her knees so she could remove the lid....I assume to put sugar and cream.....the coffee, freed from it's protective lid (and yes, if it spilt with the lid on, only a small amount of liquid could potentially escape) the entire cup sloshed all over her legs (and being a 79 year old women in 1994 she was probably wearing a dress and nylons.....). The article didn't really say what caused the spill (I think the car was moving while she was doing this...ie road bumps, etc caused cup to shift...) but it clearly says that the lid was on (if it wasn't, her grandson would have had coffee spill on him.....). McDonalds was correct in my opinion to tell her no we aren't settling. It wasn't their fault.
From the Article: McDonald's admitted that it has known about the risk of serious burns from its scalding hot coffee for more than 10 years -- the risk was brought to its attention through numerous other claims and suits, to no avail;
The Ranter Says: Duh!!!!! It's advertised as HOT Coffee....if you make coffee at home it's hot. You know this, that's why you blow on the liquid in your mug before you take that first sip. Of course McDonalds knew about the risk of hot coffee....they know about the risks of hot Fry oil too.......so should everyone out there. It's like you should know that the glowing orange coil on the top of your stove is something you shouldn't put your hand on......
FTA: From 1982 to 1992, McDonald's coffee burned more than 700 people, many receiving severe burns to the genital area, perineum, inner thighs, and buttocks;
The Ranter says: In other words....dumbasses securely parked a hot to the touch, steaming hot cup of coffee in the crotch area while driving....bumps in the road, sudden stops can cause spillage....Heck the cup next to one's genitalia can cause burns...the shit is HOT.....
These two reasons are not McDonalds fault. This is Darwin at work.
FTA: Not only men and women, but also children and infants, have been burned by McDonald's scalding hot coffee, in some instances due to inadvertent spillage by McDonald's employees;
The Ranter Says: OOps....clumsy employee....definitely McDonalds fault and money should be awarded....although case by case should be examined....did little Suzy reach up and grab the tray while Daddy/Mommy was busy paying the employee? If so, not McD's fault...although the article cleary says inadvertent spillage by McD's employees...
FTA: At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years;
The Ranter Says: McD's fault....I've had and entire 32 oz Dr. Pepper spilled on me at Carl's Jr by the employee in the window. They are in a hurry and sometimes get careless......solution? McD's should walk the hot coffee out to the car that way you avoid mishaps at the window.
FTA: Witnesses for McDonald's admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald's required temperature;
The Ranter Says: Bullshit!!! If you are unaware of the risk of serious burns from spilled, hot coffee....then you need to stay home because you are a danger to yourself and others. I will say right now, I am wholly aware of the dangers and risks of serious burns from spilled coffee.....which is why I have a travel mug with a sliding cover for the drinking hole.
FTA: McDonald's admitted that it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not;
The Ranter Says: Why the Hell should they?? I mean if your parents didn't teach you "HOT" then it's a wonder you are still alive to this day. Seriously folks, should restaurants have to tell you your soup is hot???? It damn well better be unless it's supposed to be served cold. I understand Mexican restaurants telling you "Hot Plate" because you usually don't expect the entire plate to be hot to the touch (and what do we do the first thing they put the plate down? We touch it of course....)
Link courtesy of a member of a yahoo group I belong to.
2 comments:
When you listen to an Ambulance-chasing lawyer's rhetoric in defense of these lawsuits, you are struck with the hilarity of their ludicrous logic. It makes you wonder how they believe the rest of world (ie. other nations without the benifit of said lawyers) manages to avoid extinction. Why not take the logic to it's ultimate conclusion: lets put this warning on EVERY pencil and pen; "Do not stab into your eye, or use to clean your infant's ears, or use as a suppository, or jam up your nose."...I mean, why not? It's a sharp object and I'm sure alot of very stupid people have harmed themselves accidently. Is it not the pencil company's fault that they fail to warn the public about the DANGER of thier product?...I mean shame on them!
I have a similar analogy....there are extensive directions and warnings on a chainsaw, but yet there are no warning stickers or directions of use on a hammer. So does that mean I can sue if I bang my thumb accidentally with a hammer? Or if I drop it on my toe...can I sue then? I mean no one told me those two situations would cause pain.
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