This lawsuit is worse than the McDonald’s hot coffee

[deersniper]

And did any of you read the McDonald’s case?

This particular franchise owner kept the coffee much hotter than any of the other places and was warned multiple times by corporate.

Apparently he didn’t like old people coming in and sitting there drinking coffee for periods of time so he made it too hot to drink

 

[Ravenworks]

View attachment 7866845
Excuse me, but I'm going to need to see where the coffee did some damage.

But seriously, that case changed a lot of things. That judges decisions created the ability for people to not be held responsible for their own actions. And now its always somebody else's fault not mine....Whaaaaaaa.....

God is she hot

 

[BytorJr]

So... who parked the damn thing with it still in gear... then trusted a stupid-ass teenager to start it?

AND, who the hell allowed a law to pass that says you can't sue your boss for negligence?

I guess that's why newer cars one has to push clutch pedal all the way down to disengage clutch before starting.

 

[Ravenworks]

Yup.

Scumbag politicians and scumbag lawyers

All parasites that need the same remedy


If I pay someone to work on my house and they don’t pay the guy doing the work (the sub) they can put a lein on the house then I have to sue the person I paid to do the work.

All about keeping the theft scheme going.

Bottom line is get a written contract spelling out each line item with terms and signed by both parties.

Keep a separate record of change orders and have both parties sign off on each change as soon as each one is negotiated.

You really want to talk about bad stuff contractors pull?
Ask for proof of liability insurance, workman's comp etc , let someone get hurt working on your propertie without insurance and they could be sleeping in your bed laughing at you.

One other really really screwed up thing that the courts permit bill collectors to do it garnishments without proof of who they are suing.

Here's a little story that happened to me.
I have and always had a damn near perfect credit score with a 100% of on time payments my entire life.

I have a pretty uncommon last name and in Ohio there are something like 36 people with our names that match except our middle initial.

So, I'm at work and just got done passing out everyone's paychecks.
I'm looking at my envelope and realize the thing is huge.
Now I'm thinking it some envelope stuffing or some shit.

I open up the envelope and there was a warrant in there from the common pleas court stating that my wages were garnished to the tune of $11,000.
Now I'm livid, I called up payroll and asked WTF.
They said all was legit.
Next call was to an attorney, then the waiting began.
I'm not hurting for money but the principal of all this had me pissed off.

The attorney called me about a week and a half later.
He said some POS schyster bill collectors found and sued 36 people named alike and sued every one of them like I got it.
This guy made almost $200k by suing everyone named alike and this was totally legal to do and it was up to each individual to seek out the court in clearing our names.

Think about this, how many time have people been garnished and just let it ride because it cost to much to fix properly?

I decided to fight it out and in the end it took me 8 months to get my own money back, that right there pissed me off.

 

[Ravenworks]

I guess that's why newer cars one has to push clutch pedal all the way down to disengage clutch before starting.

Not in a Jeep.
They will start without pushing the clutch in,it's designed to do that if you get stuck to keep mud off the clutch plate and flywheel.
All you have to do is read the owners manual to have it explained which fuse to pull for the clutch lock out.

 

[hlee]

Not in a Jeep.
They will start without pushing the clutch in,it's designed to do that if you get stuck to keep mud off the clutch plate and flywheel.
All you have to do is read the owners ma

Depends upon the year. Mine (2015 wrangler) will start in 4lo with the clutch out, but you have to fully depress the clutch pedal to start in 2hi or 4hi...

 

[deersniper]

This guy made almost $200k by suing everyone named alike and this was totally legal to do and it was up to each individual to seek out the court in clearing our names.

He needs his teeth removed with a crescent wrench.

The people that made it legal need burned at the stale

 

[W54/XM-388]

Bottom line is get a written contract spelling out each line item with terms and signed by both parties.

Keep a separate record of change orders and have both parties sign off on each change as soon as each one is negotiated.

You really want to talk about bad stuff contractors pull?
Ask for proof of liability insurance, workman's comp etc , let someone get hurt working on your propertie without insurance and they could be sleeping in your bed laughing at you.

One other really really screwed up thing that the courts permit bill collectors to do it garnishments without proof of who they are suing.

Here's a little story that happened to me.
I have and always had a damn near perfect credit score with a 100% of on time payments my entire life.

I have a pretty uncommon last name and in Ohio there are something like 36 people with our names that match except our middle initial.

So, I'm at work and just got done passing out everyone's paychecks.
I'm looking at my envelope and realize the thing is huge.
Now I'm thinking it some envelope stuffing or some shit.

I open up the envelope and there was a warrant in there from the common pleas court stating that my wages were garnished to the tune of $11,000.
Now I'm livid, I called up payroll and asked WTF.
They said all was legit.
Next call was to an attorney, then the waiting began.
I'm not hurting for money but the principal of all this had me pissed off.

The attorney called me about a week and a half later.
He said some POS schyster bill collectors found and sued 36 people named alike and sued every one of them like I got it.
This guy made almost $200k by suing everyone named alike and this was totally legal to do and it was up to each individual to seek out the court in clearing our names.

Think about this, how many time have people been garnished and just let it ride because it cost to much to fix properly?

I decided to fight it out and in the end it took me 8 months to get my own money back, that right there pissed me off.

I'm guessing there was no punishment to the vile bill collectors for robbing people?

That's the bigger issue in our entire society at large.
There seems to be NO punishment for ruining people's lives with false charges, false bills, false allegations etc.
One day that needs to get changed and some very harsh teeth put back in.
Especially harsh punishments for lawyers that knowingly help and judges that allow it.

 

[BLEE]

The McDonald's lawsuit hinged on whether the company knew they were serving coffee hot enough to cause injury if spilled. They did. That is negligence...

No it isn't. It's hot coffee.

 

[BLEE]

Point 1 and 2- It is hard to remember, but in 1992, it was rare to have a cup holder in a car. In fact, this very case ushered in the era of common cup holders in US vehicles. I remember my dad setting his coffee mug on the dash of our Oldsmobile and thinking, "why doesn't this care have a place to put a coffee mug?"

Point 3- If the iron was designed by the manufacturer to be substantially hotter than industry norms, AND they knew that the design posed an increased risk, AND they actively ignored that risk, you might have a case.

Point 4- They probably get a bunch of complaints about a bunch of stuff. But, they actively ignored complaints about a product that posed an unacceptable risk. (An unacceptable risk, at least in the judgement of the jury and the judge) That is negligence.

Point 6- Goes back to point 1 and 2. And, she was apparently holding it with her knees, and the cup spilled backwards toward her.

Point 7- 150 deg coffee was the industry standard. Again, the coffee that McD was serving was substantially above that. They created the increased risk by intentionally serving coffee that was hotter than the norm.

Point 7 (Dangerously hot)- Yes, you can be burned by coffee that is 150 deg. However, it takes about 30 sec of continuous exposure to get 3rd degree burns from this temp. You have time to eliminate the problem before the worst of the effects. But, at 180-190, you only have about 3 seconds (not enough time to really react effectively) before essentially melting your skin.

Point 8- Cases of negligence assign fault, and both parties can be assigned partial fault. Leibeck was assigned 20% fault, because she did spill the cup. But, McD was assigned 80% fault because of their refusal to serve coffee within the norms of the industry, and they willfully ignored previous complaints that the coffee was an increased burn risk. In your example, you would retain 100% fault.

Point 9- This isn't about time. It is about negligence. Let's look at the legal definition... [failure to use reasonable care, resulting in damage or injury to another]. By ignoring the complaints, and serving the coffee at a temp well above industry standards, they failed to use reasonable care. Leibeck also failed to use reasonable care (by spilling the cup), but the jury found her fault to be smaller, and that McD had created the larger share of the problem by serving overly hot coffee.

Point 10- The smoothie joints already have the market cornered on pre-masticated sustenance.

Point 11- I remember my grandmother's hands being so twisted from arthritis that she could barely hold a cup of coffee. I'm giving Leibeck (79 at the time- well beyond Darwin Award age) the benefit of the doubt that the reason she was holding the coffee between her knees was because she needed both hands to remove the lid to add the cream and sugar and whatever to her coffee.

My first vehicle was a stick shift GMC Sierra and I remember holding many beverages with my legs, because it did not have a cup holder. I also learned to shift with my left hand, as my right was occupied with a drink or draped around the shoulder of a pretty girl. But, the most I risked was wet pants and some shrinkage (Seinfeld reference), because I don't drink coffee.

I'm not a lawyer and I don't drink coffee- but I have stayed at a Holiday Inn.

It just makes sense, if you're taking the risk of driving and drinking hot coffee, you're taking the risk of spilling it and getting burned. HOT is the way us old-timers like to drink our coffee. Not some iced latte bullshittery. That suit was ridiculous. If I have an accident with food, or drink. It's my fault. Suits like this are one reason our legal system is jacked.

 

[BLEE]

As far as the OP topic goes, the business owner should be liable for allowing an unqualified employee to perform the task of moving a vehicle. It's as simple as that. I don't see how logically it could be anything else. Not that our legal system is logical, any longer.

 

[The King]

It just makes sense, if you're taking the risk of driving and drinking hot coffee, you're taking the risk of spilling it and getting burned. HOT is the way us old-timers like to drink our coffee. Not some iced latte bullshittery. That suit was ridiculous. If I have an accident with food, or drink. It's my fault. Suits like this are one reason our legal system is jacked.

Allowing companies to make shit more dangerous on purpose to maximize their profits seems like an awesome feature of a society.

 

[Ravenworks]

I'm guessing there was no punishment to the vile bill collectors for robbing people?

That's the bigger issue in our entire society at large.
There seems to be NO punishment for ruining people's lives with false charges, false bills, false allegations etc.
One day that needs to get changed and some very harsh teeth put back in.
Especially harsh punishments for lawyers that knowingly help and judges that allow it.

No punishment because what he did was legal, ethically wrong but legal nonetheless
Ohio has some bad laws.
I think it's no different than me writing out invoices to random people

 

[hlee]

Would the McD negligence case be seen differently if it were, say, Federal Cartridge that was putting 30% more powder in their FGMM? I mean, the cartridges are supposed to go bang anyway. You should expect them to go bang. Everyone expects them to go bang, and complains when they do not go bang. Moreover, more powder means more speed. Everyone wants more speed. Only an idiot complains about too much speed. Do you really want slow ammo?

Only an idiot would complain about a detonated rifle. It is a possibility any time you pull the trigger.

 

[W54/XM-388]

No punishment because what he did was legal, ethically wrong but legal nonetheless
Ohio has some bad laws.
I think it's no different than me writing out invoices to random people

Legal only because the law is completely corrupted.
In a Just legal system they would have been tossed in jail promptly.

Just because something is Legal, doesn't mean squat in the right and wrong and who needs to get strung up stakes.

 

[The King]

mmmm maybe we need the govt to regulate coffee temperatures...maybe set caps on how much we can earn too so we dont have people looking to make a profit.

Mmmmmaybe we should let corporate employees shoot anyone they see on sight and take all of their property. At least if they didn't want to sell the person off to the slave markets instead.

 

[sirhrmechanic]

The solution has been in front of us since Elizabethan times.

Henry VI, Part 2, Act IV, Scene 2, L11

Carry on Jack and Dick!

Sirhr

 

[BLEE]

Allowing companies to make shit more dangerous on purpose to maximize their profits seems like an awesome feature of a society.

It just freaking hot coffee. Hot coffee is hot.

 

[The King]

Maybe we should let corporations murder babies and slit the throats of old women!!!!!! Slavery!!! raaaaycism!!! Capitalism evil!!!!!!


You aren't even trying to make a coherent argument, you are just resorting to leftist "debate" tactics of screeching autistically over hyperbolic scenarios that only exist in your head while promoting govt regulation and bashing people making a profit....


Are you wearing a Che Tshirt by any chance?

Your statement that a company that intentionally hurt people...and knew it...in order to turn a few extra bucks bears no responsibility is a hyperbolic argument the other direction.

You aren't even trying to make a coherent argument, you are just resorting to Aryan Nations debate tactics of screeching autistically over hyperbolic scenarios that only exist in your head while promoting complete anarchy and bashing people who don't want unnecessarily unsafe products.

Are you wearing a Hitler t-shirt by any chance?

Also, we DO let corporations murder babies and many countries let them kill old people too. So you didn't make a very good "you are crazy" retort. We are IN clown world. Not "You must think we are in clown world!"

I attribute exactly zero altruism to corporations, and there are times that regulation is the only stick they understand.

NOW - I will say this - the second society stops punishing me for shooting a McDonalds worker who hands my kid a toy that then kills them we can have a reasonable chat about the appropriate use of government regulations.

 

[The King]

funny that someone with the username "the king" is so eager to act like a serf...thats it, be a good little boy and run to the govt to solve your problems for you

Reading - it has uses....

NOW - I will say this - the second society stops punishing me for shooting a McDonalds worker who hands my kid a toy that then kills them we can have a reasonable chat about the appropriate use of government regulations.

 

[theLBC]

 

[The King]

its not society punishing you....its the govt....the same govt that you keep looking to to solve your problems....

you dont help a drowning victim by throwing more water on them.

Seems like there are a whole bunch of assholes who would want me punished for shooting said McDonalds worker. They would say things like "the McHandGrenade toy was only dangerous if you pulled the pin on it" and "you shouldn't have handed your kid a bag with something like that in it...what do you mean you don't inspect every thing you give your kid with a mass spectrometer to ensure its not poison?" and and and and and....

Seems like they would make 1000 excuses for McDonalds and be more than willing to burn me at the stake for taking my revenge. Kinda like this thread. Especially since a court handing some chick $2.8m of McDonald's $100B revenue is nothing compared to me... for example... blowing up a board of directors meeting because my kid was dead. And yet people are losing their shit over it.

Since you are so upset over the idea that government in the right dose can for sure be THE ultimate answer to certain problems, I'm sure you are posting from a fine government-less nation like Somalia? I hear its a paradise without them pesky cops, courts, taxes, and such.

 

[The King]

Somalia....ooooor the American west from 1830-1900s.....

although, ide much rather live in anarcho-capitalist Somalia....than a country where every pedantic detail of my life is dictated by bureaucrats...at least in Somalia ide have the opportunity to be successful.

And you used the word hyperbole critically of another persons post?

Half the world is climbing over the walls to get here to have the chance to be successful.

That said - YES - its getting out of control and our Republic will die under the weight of the Federal Register.

But in this one case...a fair number of people were hurt, McD's said I don't give a fuck and went back to counting their gold, and our justice system came back and said "well, you should". I see absolutely no downsides to this ruling, and have personally seen some companies wave off of some sketchy shit because of it.

You cannot live in a modern society without there being a healthy balance of common sense on the part of the consumer and a concerted effort on the part of companies to deliver a reasonably engineered and manufactured product.

In the model you propose, it would be ok for manufacturers to replace the airbag in a car with a metal spike...because dead people reduce settlements in court vs those who are merely injured. As long as the air...spike....never deployed except in an accident then the company would be completely off the hook for any consequences. It is...after all...entirely the drivers fault.

 

[Thorny]

Biden appoints a new MOCT = "Minister of Coffee Temperature" czar.

 

[theLBC]

 

[Im2bent]

Seems like there are a whole bunch of assholes who would want me punished for shooting said McDonalds worker. They would say things like "the McHandGrenade toy was only dangerous if you pulled the pin on it" and "you shouldn't have handed your kid a bag with something like that in it...what do you mean you don't inspect every thing you give your kid with a mass spectrometer to ensure its not poison?" and and and and and....

Seems like they would make 1000 excuses for McDonalds and be more than willing to burn me at the stake for taking my revenge. Kinda like this thread. Especially since a court handing some chick $2.8m of McDonald's $100B revenue is nothing compared to me... for example... blowing up a board of directors meeting because my kid was dead. And yet people are losing their shit over it.

Since you are so upset over the idea that government in the right dose can for sure be THE ultimate answer to certain problems, I'm sure you are posting from a fine government-less nation like Somalia? I hear its a paradise without them pesky cops, courts, taxes, and such.

Dude enough with the straw man arguments. When McD starts handing out live grenades .......I'll start buying shit tons of happy meals, till then? McD intentionally hurting people is also wrong. If the McD employee that somehow managed to hand her her coffee without injuring themselves had instead thrown it in her face THEN they would have INTENTIONALLY injured her. But that did not happen. Besides burger king you are not impartial for obvious reasons.

 

[The King]

Dude enough with the straw man arguments. When McD starts handing out live grenades .......I'll start buying shit tons of happy meals, till then? McD intentionally hurting people is also wrong. If the McD employee that somehow managed to hand her her coffee without injuring themselves had instead thrown it in her face THEN they would have INTENTIONALLY injured her. But that did not happen. Besides burger king you are not impartial for obvious reasons.

The discussion here is how far should society go when protecting people from other entities...and its the perfect place for strawmen.

Especially when people suggest there is no place for government regulation. Its time to use a straw man there and its the right tool for debate.

The same people who think that abortion should be legal because its just a blob of cells at that moment think its a straw man to argue that you killed an entire human's future when you did it. And yet its still true.

As for stating that corporations can't be evil just because liberals use that as a core part of their platform....get the fuck outta here. There isn't a CEO out there that would lift one goddamn finger to save a life if it reduced the balance sheet by a penny, and it is right and appropriate to force them to the responsible adult table.

This case with McDonalds is the perfect example, and after carefully considering all of your points of view, you can fuck off. They knew 100% that the extra penny was going to come on the backs of the now crippled victims of their assholery.

 

[Im2bent]

With that view point you don't own any guns right? Right? I mean how many kids are killed by guns every year? Must be the gun dealers fault after all if he had not intentionally sold that deadly weapon to some muppet there would not have been a ND and that kid would still be alive......Right?

 

[Naaman]

@7.62willdo and others

Some back story on the McDonald's Hot Coffee case...

At the time, the woman was sitting in the passenger seat of a parked car, and while removing the lid to the cup (with it braced between her knees) the cup tipped over and spilled. The woman, Stella Leibeck, was 79 years old at the time.

Corporate policy at McDonald's was to keep and serve coffee at 180-190 deg F. That is hot enough to cause 3rd degree burns in 3 seconds. (Go ahead, boil some water and pour it on your nuts. We'll wait...)

Other restaurants kept coffee at 150-160 deg F- which will cause 3rd degree burns in about 30 seconds. And, your coffee pot at home keeps coffee at 130-150 deg F. Those that are saying the coffee wasn't THAT hot are full of shit. And, if you still don't believe me, go ahead and brew up a fresh pot of coffee at home, pour yourself a cup, and dip your balls in it like a teabag. Report back here how long it takes to burn them.

Beyond that, McDonald's had received over 700 complaints that the coffee was dangerously hot, without changing policy.

Her recover took 2 years and required skin grafts. She also spent 6 months attempting to get them to settle for covering part of her medical expenses- which they refused, offering her $800- before deciding to sue.

The facts of the case are that McD corporate knew the the product was dangerously hot and actively ignored that danger. Like it or not, that fits the legal definition of gross negligence. The lawsuit was appealed and ultimately settled for less than $600,000. Initial awards (after assessing fault- and she was found to be 20% at fault for spilling the drink) were $640,000 (combined compensatory and punitive damages).

(The facts of the case are not hard to research, and I found the above in about 5 s with a google search)

The case in the OP is very different, but the McD case was brought up and it seems that many have strong opinions about it built on nothing more than their imagination.

I'm glad someone chimed in with this. One more detail as I understand it was that OSHA had previously told that specific restaurant to lower the coffee temperature to 140, but they did not.

 

[Hoax001]

@7.62willdo and others

Some back story on the McDonald's Hot Coffee case...

At the time, the woman was sitting in the passenger seat of a parked car, and while removing the lid to the cup (with it braced between her knees) the cup tipped over and spilled. The woman, Stella Leibeck, was 79 years old at the time.

Corporate policy at McDonald's was to keep and serve coffee at 180-190 deg F. That is hot enough to cause 3rd degree burns in 3 seconds. (Go ahead, boil some water and pour it on your nuts. We'll wait...)

Other restaurants kept coffee at 150-160 deg F- which will cause 3rd degree burns in about 30 seconds. And, your coffee pot at home keeps coffee at 130-150 deg F. Those that are saying the coffee wasn't THAT hot are full of shit. And, if you still don't believe me, go ahead and brew up a fresh pot of coffee at home, pour yourself a cup, and dip your balls in it like a teabag. Report back here how long it takes to burn them.

Beyond that, McDonald's had received over 700 complaints that the coffee was dangerously hot, without changing policy.

Her recover took 2 years and required skin grafts. She also spent 6 months attempting to get them to settle for covering part of her medical expenses- which they refused, offering her $800- before deciding to sue.

The facts of the case are that McD corporate knew the the product was dangerously hot and actively ignored that danger. Like it or not, that fits the legal definition of gross negligence. The lawsuit was appealed and ultimately settled for less than $600,000. Initial awards (after assessing fault- and she was found to be 20% at fault for spilling the drink) were $640,000 (combined compensatory and punitive damages).

(The facts of the case are not hard to research, and I found the above in about 5 s with a google search)

The case in the OP is very different, but the McD case was brought up and it seems that many have strong opinions about it built on nothing more than their imagination.

Facts vs. emotion and ignorance. If you were triggered, this is what you call a valuable life lesson.

 

[Jscb1b]

Where can I get some of those McGernades?

Asking for the German.

 

[The King]

With that view point you don't own any guns right? Right? I mean how many kids are killed by guns every year? Must be the gun dealers fault after all if he had not intentionally sold that deadly weapon to some muppet there would not have been a ND and that kid would still be alive......Right?

I own guns because they are a safety device that prevents the US government from doing the same shit here that they do in the Middle East when they get bored and need to dispose of some ordinance.

And all the kids that ever got killed aren’t a drop in the bucket to the number that will be dead if we finally flip the bit to the United Socialist States of America.

I don’t, however, view a McDonalds executive soaking up a few extra million in bonus payouts as a reasonable thing to hold up against 700 severely burned innocents and then say “fuck the peasants”...

 

[accurate obsession]

If it was my Jeep - I be like

 

[The King]

dat logic doe

"my arguments only make sense when i can use made up scenarios that have never happened"

The Ford Pinto exploded in practically any rear end accident because it was going to cost $7 for ford to make it the safest car ever and they said "fuck that. $7" Some dude got to listen to his daughter screaming for help from her on-fire new car while she burned to death.

Imagine hearing your kids fat starting to sizzle once the screaming stopped forever because of $7. The McDonald's case is extremely similar - an accident occurred and 700 people including children got to burn...some almost to death...for a few more shekels each year.

Pro-tip - the religious books say "prophet" not "profit"...

I for one think our country is better for it when massive completely soulless companies know that they aren't the apex predator around here.

People who think that anarchy is the answer and that things will settle into some utopia without government interference haven't met many of the OTHER people sharing this journey with them. Like Jimmy Bob the meth cooker.

 

[308pirate]

He said some POS schyster bill collectors found and sued 36 people named alike and sued every one of them like I got it.
This guy made almost $200k by suing everyone named alike and this was totally legal to do and it was up to each individual to seek out the court in clearing our names.

You do realize that the bill collector's information is in the pubic domain/record.................

Time to go make an example of someome.

 

[BLEE]

The Ford Pinto exploded in practically any rear end accident because it was going to cost $7 for ford to make it the safest car ever and they said "fuck that. $7" Some dude got to listen to his daughter screaming for help from her on-fire new car while she burned to death.

Imagine hearing your kids fat starting to sizzle once the screaming stopped forever because of $7. The McDonald's case is extremely similar - an accident occurred and 700 people including children got to burn...some almost to death...for a few more shekels each year.

Pro-tip - the religious books say "prophet" not "profit"...

I for one think our country is better for it when massive completely soulless companies know that they aren't the apex predator around here.

People who think that anarchy is the answer and that things will settle into some utopia without government interference haven't met many of the OTHER people sharing this journey with them. Like Jimmy Bob the meth cooker.

Man, that's a common sense apples and oranges comparison. McDonald's coffee was no hotter than the coffee my grandparents drank straight from the bubbling stove top perculator, into the cup and started sipping, or what I drink straight from the microwave, after it starts boiling. Anyone with a modicum of common sense would consider that lawsuit as BS, regardless of why the McDonald's kept the coffee hot. Also, McDonald's coffee was not that hot, by the time you stirred in sugar and/or creamer. Everybody I know liked McDonald's coffee because it was HOT. Don't spill hot liquid in your lap, because it will burn you. That's common sense. The Pinto suit is different because the car was manufactured with a known defect that could cause great harm or death. That's criminal. Hot coffee is good coffee, and accept the risk that it may spill, when drinking coffee while driving, whether it's McDonald's coffee, or from home.

 

[Im2bent]

So now 700 people almost burned to death at that McDonald's?

 

[The King]

So now 700 people almost burned to death at that McDonald's?

Yes. Mcdonalds had burned the fuck out of 700 people with this coffee temperature policy according to the court records. I didn't pick that number at random.

 

[Im2bent]

Where I work we have a drip coffee maker. I get a cup and without taking a sip it goes straight in the microwave. I then drink it. I don't pour it on my nuts. If I did pour it on my nuts I would not sue the microwave company or my employer for providing both instruments of death.

 

[jakelly]

Cases like this McDonald’s case are where the hardcore libertarian ideology really reveals its flaws. There is nothing to stop coordinated well-resourced attacks in whatever form they take.

The libertarian would like you to believe that “the market” functions like an invisible hand of God, punishing evil and rewarding good. That’s not what history teaches. The ONLY thing that stops a bad guy with a gun is a good guy with a gun, it’s also the only thing that makes the bad guy give someone his money or power. God expects us to do some of own heavy lifting.

Wickedness is the problem, not government, and righteousness is the answer, not less government.

 

[BLEE]

Cases like this McDonald’s case are where the hardcore libertarian ideology really reveals its flaws. There is nothing to stop coordinated well-resourced attacks in whatever form they take.

The libertarian would like you to believe that “the market” functions like an invisible hand of God, punishing evil and rewarding good. That’s not what history teaches. The ONLY thing that stops a bad guy with a gun is a good guy with a gun, it’s also the only thing that makes the bad guy give someone his money or power. God expects us to do some of own heavy lifting.

Wickedness is the problem, not government, and righteousness is the answer, not less government.

Without wickedness, we'd have way less government.

 

[EddieNFL]

Anyone stupid enough to place a easily crushed cup filled with near boiling liquid between their legs should have the skin of their genitalia fused to their inner thighs to prevent procreation. Doing so why driving is an entirely different level of retardation.

 

[jakelly]

Anyone stupid enough to place a easily crushed cup filled with near boiling liquid between their legs should have the skin of their genitalia fused to their inner thighs to prevent procreation. Doing so why driving is an entirely different level of retardation.

What would you say about a judge who rendered a decision about the case without considering the ramifications of his decision or bothering to discover all the details of the case?

 

[EddieNFL]

What would you say about a judge who rendered a decision about the case without considering the ramifications of his decision or bothering to discover all the details of the case?

I dunno....a typical cog in the "justice" system?

 

[DarnYankeeUSMC]

McDonald's got screwed because one feeble senior citizen dumped her coffee after millions had no problems dealing with the coffee.
They used the 700 "complaints" (quotation marks for the King) like it was something significant. I wonder how many complaints were lodged because there wasn't enough ketchup in the packet or some other bullshit that people complain about.

Back to the OP.
What was the reasoning for the way the law was written that is causing the fucked up situation?

 

[EddieNFL]

McDonald's got screwed because one feeble senior citizen dumped her coffee after millions had no problems dealing with the coffee.
They used the 700 "complaints" (quotation marks for the King) like it was something significant. I wonder how many complaints were lodged because there wasn't enough ketchup in the packet or some other bullshit that people complain about.

Back to the OP.
What was the reasoning for the way the law was written that is causing the fucked up situation?

Here is a huge part of why McDs lost...

The jury awarded Liebeck $200,000 in compensatory damages -- reduced to $160,000 because the jury found her 20 percent at fault -- and $2.7 million in punitive damages for McDonald’s callous conduct. (To put this in perspective, McDonald's revenue from coffee sales alone is in excess of $1.3 million a day.) The trial judge reduced the punitive damages to $480,000. Subsequently, the parties entered a post-verdict settlement.

Lawsuits are rarely about fault.

According to Stella Liebeck’s attorney, S. Reed Morgan, the jury heard the following evidence in the case:

• By corporate specifications, McDonald's sells its coffee at 180 to 190 degrees Fahrenheit
• Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds

My Keurig defaults to 192 degrees.

 

[clcustom1911]

it is mind-numbing to consider how, as as a collective society, we have so ineloquently de-evolved.

 

[DarnYankeeUSMC]

Here is a huge part of why McDs lost...



Lawsuits are rarely about fault.




My Keurig defaults to 192 degrees.

Agreed.
The huge part of why they lost is because of the bleeding hearts on the jury. Even the judge didn't agree or he wouldn't have changed it.

 

[Thorny]

Nothing goes better with HOT coffee than a HOT apple pie.

 

[BLEE]

Nothing goes better with HOT coffee than a HOT apple pie.
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I haven't had one of those, in years! I've had my mouth blistered several times from McDonald's hot cherry pies... I guess that's why they're called "hot".