McDonald's Coffee Lawsuit - What ACTUALLY happened...

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I constantly hear people bring up the infamous McDonald's Coffee lawsuit, http://forum.esforces.com/showthread.php?p=809933#post809933 (would you believe me if I said this was the third time I've heard reference to it today), and make it sound like some careless woman spilled coffee on themselves and ran-off with millions of dollars.

http://www.centerjd.org/free/mythbusters-free/MB_mcdonalds.htm

To deny the fact that McDonalds was contributorily negligent by serving coffee not fit for consumption by virtue of its temperature is stupid.

These are the facts, get over it.
 
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Which is why they now have a warning label.
 
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"while trying to securely hold the coffee between her knees while removing the lid"
 
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"while trying to securely hold the coffee between her knees while removing the lid"
Thank you.

I'm not the only one who sees the issue.

She didn't have to do it this way, and if she hadn't, it would have been just another run-of-the-mill McDonald's run. But no, she chose to place the coffee in a compromised position -- WHERE IT'S NOT SAFE.
 
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Which is why they now have a warning label.
They already had warning labels, actually. The issue wasn't that there was no label (or that she couldn't have known it was that hot.) She was claiming that the coffee was being served dangerously hot.
 
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"McDonald's admitted that its coffee is “not fit for consumption” when sold because it causes severe scalds if spilled or drunk;"

Negligence.
 

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4 parts of negligence

1) duty of care -
2) Breach of duty -
3) Factual causation
4) Can't remember off the top of my head
Look them up properly online to know what OP is talking about and you'll understand that a reasonable person knew serving boiling hot water to someone will burn them and they should lower the temperature

http://en.wikipedia.org/wiki/Duty_of_care

http://en.wikipedia.org/wiki/Negligence
 
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thats like me buying a gun and shooting my self in the foot and sueing walmart
 
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thats like me buying a gun and shooting my self in the foot and sueing walmart
You couldn't be more wrong.

Does Walmart have a duty of care, to ensure that once you complete your contractual agreement to remunerate their corporation in exchange for a firearm, to ensure you do not inflict harm on yourself once you leave the store? You'd have a hard time convincing a jury that Walmart breached their duty of care when you wilfully shot yourself in the foot.

Let's look at McDonalds. Does McDonalds have a duty of care, to ensure that in the event that their customers spill their coffee on themselves, they don't wind up with third degree burns, which often are permanent and require expensive surgery to recover from? You'd probably just have as hard as time proving to a jury that they don't. This is exactly why the woman won.
 
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is this better?

"A philadelphia restaurant was ordered to pay Amber Carson of Lancaster, Penn, 113,500 dollars after she slipped on a soft drink and broke her tailbone. The bverage was on the floor because Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argument"


"Terrence ****son of Penn was leaving a house he just raobbeed. He was unable to get the garage door open and had to live on pepsi and dog food for 8 days...he sued for undue mental anguish and won the amount of 500,000 bucks."


Further proving that we have some crazy laws...which was the term that the mcdonalds case was brought up in. If you want..exchange what i said since i think i'm the ONLY one that brought up the mcdonalds case recently and showed now that our jury can have nintendo sued just on some crazy incidents.
 
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Contrary to what many people believe, you can't just sue somebody. You need a cause of action. So if these people were able to sue and win successfully, it is because somewhere in your legal code, there is a law, that a jury was convinced one party violated.

http://www.usatoday.com/news/opinion/2005-01-30-tort-reform_x.htm

Read up on that Sarutobi, the two cases you referred to never happened, and are just two of many "fake" cases made up to try and back-up arguments for Tort law form, and lawsuit abuse.
 
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[S];809962 said:
4 parts of negligence

1) duty of care -
2) Breach of duty -
3) Factual causation
4) Can't remember off the top of my head
Look them up properly online to know what OP is talking about and you'll understand that a reasonable person knew serving boiling hot water to someone will burn them and they should lower the temperature

http://en.wikipedia.org/wiki/Duty_of_care

http://en.wikipedia.org/wiki/Negligence
I thought water boiled at 212? F? I must have slept in chemistry that day =/

Edit: How come symbols don't work on the forums?

:EDIT2: At OP, wrong, "you can sue anybody for anything, whether you win or not is a different story"

That's what my criminal justice teacher who used to be a DA says all the time. Sorry, but I take her words over yours.
 

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is this better?

"A philadelphia restaurant was ordered to pay Amber Carson of Lancaster, Penn, 113,500 dollars after she slipped on a soft drink and broke her tailbone. The bverage was on the floor because Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argument"


"Terrence ****son of Penn was leaving a house he just raobbeed. He was unable to get the garage door open and had to live on pepsi and dog food for 8 days...he sued for undue mental anguish and won the amount of 500,000 bucks."


Further proving that we have some crazy laws...which was the term that the mcdonalds case was brought up in. If you want..exchange what i said since i think i'm the ONLY one that brought up the mcdonalds case recently and showed now that our jury can have nintendo sued just on some crazy incidents.
You know what now that you mention it i did hear about these crazy laws

http://www.usatoday.com/news/opinion/2005-01-30-tort-reform_x.htm =)

I thought water boiled at 212? F? I must have slept in chemistry that day =/

Edit: How come symbols don't work on the forums?
How about you boil water to 180-190 degrees Fahrenheit and pour that on your left leg and then boil water to 212 degrees Fahrenheit and pour that on your right leg and we'll measure the difference in damage and go from there. The point of my post was the coffee was still too hot to consume right away.

Maybe you shouldn't have slept in English comprehension aswell you might have thought your post has nothing to do with the topic.
 
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Chris` said:
:EDIT2: At OP, wrong, "you can sue anybody for anything, whether you win or not is a different story"

That's what my criminal justice teacher who used to be a DA says all the time. Sorry, but I take her words over yours.
And if you don't have a cause of action, you've already lost your suit, because you have no legal/equitable claim. Way to take her words literally.
 
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Opty's right. You need cause of action, legal standing, a court with jurisdiction to hear the matter.. =X
 
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"what, you mean I have to drink this coffee hot?"

With all things, some common sense goes a long way. If something's hot enough to burn you (as I was always told as a child, coffee/tea is hot, be careful with it or you'll get burned) you dont treat it so thoughtlessly. Its not like its a freak occurence that Coffee is served at such a temperature, when you boil water to make a drink its usually gonna be hot enough to burn you, after being alive for almost 80 years, you'd think she'd know that. Its her fault imo, you cant have every company in the world be your nanny.

Where is the justice in this case?
 
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ok you got me.

my government teacher told us about that one guy...

where he broke into that house with the garage attatched to the house...

...then he locked him self in the garage by accident...
 
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So if guys sues his own company because he backed up into his car is a good enough cause of action to win I suppose. Yeah go figure. I guess being retarded and spilling ANYTHING that's hot on you is enough cause of action to sue any company. It all makes sense to me now.

Again, you can sue anyone for anything. Whether you win or not is a different story. No one is going to say "I'm going to sue you" "why?" "because I can" everyone who's ever sued anyone had a reason. Doesn't matter how stupid that person was. I had a woman almost sue me because I refused to buy her a router. OMG!
 

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