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#11
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Sewage flows down aisles of trans-Atlantic Continental Airlines flight
In article
, Alohacyberian wrote: I'm not saying it's right or wrong, people will try it. Remember the McDonalds hot coffee lady? Who could forget her? She's the poster-child for the blame game and the judiciary's creating "victims" out of acts of sublime stupidity. She was a woman who had been drinking coffee for about 40 years, but, had not yet discovered that hot coffee is hot and will burn if poured onto the skin. And this intellectual blank cartridge also hadn't learned in four decades that "take-out" cups are pliable and should not be squeezed, especially when they're full of liquid. So this dunce puts a full take-out cup of hot coffee between her legs in her car, squeezes the cup 'til the lid comes off and spills hot coffee on her. So, who's fault is it? MacDonald's, of course! Why? Well, they've got a lot of money and she didn't which immediately qualified her in the eyes of American jurisprudence as a "victim" who should be compensated for being so stupid. KM you are neglecting a few key facts: - stella liebeck, a 79 year old woman, purchased coffee and accidentally spilled it, causing 3rd degree burns over 6% of her body, requiring an 8 day hospital stay and had to undergo skin grafting. - ms. liebeck initially asked for just her medical bills to be paid, roughly $20,000, and mcdonalds offered $800. - during discovery, it was found that mcdonalds had over 700 other cases of customer burns from hot coffee, including small children and infants, and some of which were caused by mcdonalds employees. - mcdonalds served its coffee at 185 degrees, roughly 40 degrees hotter than what is believed to be safe, and well aware that it was unsuitable for human consumption at that temperature. - mcdonalds admitted they never consulted anyone regarding what is a safe temperature to serve food. - doctors testified that at that temperature, 3rd degree burns would occur within seconds. - mcdonalds admitted that customers were unaware of the risk of injury, they did not provide any warning to customers about the danger, they had no explanation why they didn't warn customers of the danger, and they had no intention of warning customers or reducing the temperature to mitigate the danger. - ms. liebeck's physican said it was one of the worst burn cases he had ever seen. - ms. liebeck repeatedly wanted to settle out of court, but mcdonalds kept refusing, so it ultimately went to trial. - ms. liebeck was awarded just $200k in compensatory damages, however, she was also found to be 20% liable and the award was reduced to $160k. mcdonalds was found to have engaged in willful, reckless and malicious conduct, resulting in a $2.7 million award for punitive damages - just two days of coffee sales for mcdonalds. this was later reduced to $480k and both parties ultimately agreed to an undisclosed settlement, believed to be about half that amount. - after the verdict, mcdonalds reduced the temperature of the coffee to 158 degrees. in summary, mcdonalds, by their own admission, knew of the potential danger, had numerous other instances of burn victims, and they did nothing at all to prevent it from happening. |
#12
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Sewage flows down aisles of trans-Atlantic Continental Airlines flight
On Fri, 22 Jun 2007 22:43:38 -0700, nospam
wrote: In article , Alohacyberian wrote: I'm not saying it's right or wrong, people will try it. Remember the McDonalds hot coffee lady? Who could forget her? She's the poster-child for the blame game and the judiciary's creating "victims" out of acts of sublime stupidity. She was a woman who had been drinking coffee for about 40 years, but, had not yet discovered that hot coffee is hot and will burn if poured onto the skin. And this intellectual blank cartridge also hadn't learned in four decades that "take-out" cups are pliable and should not be squeezed, especially when they're full of liquid. So this dunce puts a full take-out cup of hot coffee between her legs in her car, squeezes the cup 'til the lid comes off and spills hot coffee on her. So, who's fault is it? MacDonald's, of course! Why? Well, they've got a lot of money and she didn't which immediately qualified her in the eyes of American jurisprudence as a "victim" who should be compensated for being so stupid. KM you are neglecting a few key facts: - stella liebeck, a 79 year old woman, purchased coffee and accidentally spilled it, causing 3rd degree burns over 6% of her body, requiring an 8 day hospital stay and had to undergo skin grafting. - ms. liebeck initially asked for just her medical bills to be paid, roughly $20,000, and mcdonalds offered $800. - during discovery, it was found that mcdonalds had over 700 other cases of customer burns from hot coffee, including small children and infants, and some of which were caused by mcdonalds employees. - mcdonalds served its coffee at 185 degrees, roughly 40 degrees hotter than what is believed to be safe, and well aware that it was unsuitable for human consumption at that temperature. - mcdonalds admitted they never consulted anyone regarding what is a safe temperature to serve food. - doctors testified that at that temperature, 3rd degree burns would occur within seconds. - mcdonalds admitted that customers were unaware of the risk of injury, they did not provide any warning to customers about the danger, they had no explanation why they didn't warn customers of the danger, and they had no intention of warning customers or reducing the temperature to mitigate the danger. - ms. liebeck's physican said it was one of the worst burn cases he had ever seen. - ms. liebeck repeatedly wanted to settle out of court, but mcdonalds kept refusing, so it ultimately went to trial. - ms. liebeck was awarded just $200k in compensatory damages, however, she was also found to be 20% liable and the award was reduced to $160k. mcdonalds was found to have engaged in willful, reckless and malicious conduct, resulting in a $2.7 million award for punitive damages - just two days of coffee sales for mcdonalds. this was later reduced to $480k and both parties ultimately agreed to an undisclosed settlement, believed to be about half that amount. - after the verdict, mcdonalds reduced the temperature of the coffee to 158 degrees. in summary, mcdonalds, by their own admission, knew of the potential danger, had numerous other instances of burn victims, and they did nothing at all to prevent it from happening. I read that with mounting disbelief. So, if I understand this correctly, in the USA every single activity involving sale of products with any form of associated danger must have such warnings. Regardless of the fact that the products are common foodstuffs that the vast majority of customers would have grown up with and have learned of those common dangers from parents and guardians as a natural part of growing up. My parents served me tea and coffee steaming from the teapot or coffeepot just below boiling point - with suitable warnings to wait until it cooled if the milk and sugar didn't cool it enough. At 79, one would suspect that this lady may have come across a hot beverage at least once before in her life. Ludicrous. What's next? Warnings to chew your burger before swallowing in case of choking? Similar warnings in top restaurants to remove the sparklers from your Bombe Alaska? Or warnings to peel your prawns or shell your crab? Or something on every dinner-knife "this object is sharp and may cause wounds if handled carelessly". Maybe a warning to step over the doorsill when entering, after being warned to open the door before attempting to enter? Spare me from idiots, particularly those in legislature and those on the bench. We have our own mob of judicial idiots, but we haven't quite reached that level yet. And you support this? Amazing. The lady had an accident; unless the employee knocked the cup over on her then the restaurant should have borne no responsibility whatever. And believe me, I'm not usually a supporter of the Golden Arches. Just of sanity. Cheers, Alan, Australia -- http://loraltraveloz.blogspot.com/ latest: The Tropical North http://loraltravel.blogspot.com/ latest: Slovenia http://loraldiabetes.blogspot.com/ latest: Jennifer's Story |
#13
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Sewage flows down aisles of trans-Atlantic Continental Airlinesflight
Alan S wrote:
On Fri, 22 Jun 2007 22:43:38 -0700, nospam wrote: What's next? Warnings to chew your burger before swallowing in case of choking? A reasonable person would expect beverages to be drinkable at the time of purchase. This wasn't the case and McDonalds knew of at least 700 injuries caused by their coffee. |
#14
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Sewage flows down aisles of trans-Atlantic Continental Airlines flight
In article , Alan S
wrote: The lady had an accident; unless the employee knocked the cup over on her then the restaurant should have borne no responsibility whatever. And believe me, I'm not usually a supporter of the Golden Arches. Just of sanity. the issue was not that ms. liebeck had an accident (and in fact, she was found partially liable), but rather that mcdonalds had a total disregard for the health and safety of its patrons. mcdonalds *knew* they were serving food that was unfit for human consumption and which could cause severe injury and yet they did absolutely *nothing* about it, even after 700 other people were injured. |
#15
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Sewage flows down aisles of trans-Atlantic Continental Airlines flight
"nospam" wrote in message ... In article , Alohacyberian wrote: I'm not saying it's right or wrong, people will try it. Remember the McDonalds hot coffee lady? Who could forget her? She's the poster-child for the blame game and the judiciary's creating "victims" out of acts of sublime stupidity. She was a woman who had been drinking coffee for about 40 years, but, had not yet discovered that hot coffee is hot and will burn if poured onto the skin. And this intellectual blank cartridge also hadn't learned in four decades that "take-out" cups are pliable and should not be squeezed, especially when they're full of liquid. So this dunce puts a full take-out cup of hot coffee between her legs in her car, squeezes the cup 'til the lid comes off and spills hot coffee on her. So, who's fault is it? MacDonald's, of course! Why? Well, they've got a lot of money and she didn't which immediately qualified her in the eyes of American jurisprudence as a "victim" who should be compensated for being so stupid. KM you are neglecting a few key facts: - stella liebeck, a 79 year old woman, purchased coffee and accidentally spilled it, causing 3rd degree burns over 6% of her body, requiring an 8 day hospital stay and had to undergo skin grafting. - ms. liebeck initially asked for just her medical bills to be paid, roughly $20,000, and mcdonalds offered $800. - during discovery, it was found that mcdonalds had over 700 other cases of customer burns from hot coffee, including small children and infants, and some of which were caused by mcdonalds employees. - mcdonalds served its coffee at 185 degrees, roughly 40 degrees hotter than what is believed to be safe, and well aware that it was unsuitable for human consumption at that temperature. - mcdonalds admitted they never consulted anyone regarding what is a safe temperature to serve food. - doctors testified that at that temperature, 3rd degree burns would occur within seconds. - mcdonalds admitted that customers were unaware of the risk of injury, they did not provide any warning to customers about the danger, they had no explanation why they didn't warn customers of the danger, and they had no intention of warning customers or reducing the temperature to mitigate the danger. - ms. liebeck's physican said it was one of the worst burn cases he had ever seen. - ms. liebeck repeatedly wanted to settle out of court, but mcdonalds kept refusing, so it ultimately went to trial. - ms. liebeck was awarded just $200k in compensatory damages, however, she was also found to be 20% liable and the award was reduced to $160k. mcdonalds was found to have engaged in willful, reckless and malicious conduct, resulting in a $2.7 million award for punitive damages - just two days of coffee sales for mcdonalds. this was later reduced to $480k and both parties ultimately agreed to an undisclosed settlement, believed to be about half that amount. - after the verdict, mcdonalds reduced the temperature of the coffee to 158 degrees. in summary, mcdonalds, by their own admission, knew of the potential danger, had numerous other instances of burn victims, and they did nothing at all to prevent it from happening. Once more, the law is an ass. Anyone with half a brain treats hot beverages with DUE CARE AND ATTENTION. |
#16
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Sewage flows down aisles of trans-Atlantic Continental Airlines flight
"NotABushSupporter" wrote in message . .. Alan S wrote: On Fri, 22 Jun 2007 22:43:38 -0700, nospam wrote: What's next? Warnings to chew your burger before swallowing in case of choking? A reasonable person would expect beverages to be drinkable at the time of purchase. This wasn't the case and McDonalds knew of at least 700 injuries caused by their coffee. ****ing cocksucking LIEbrawl DEMONrats--always trying to find someone ELSE to blame for THEIR ****ing carelessness. Asshole. Cumwad. |
#17
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Sewage flows down aisles of trans-Atlantic Continental Airlinesflight
sharx35 wrote:
Once more, the law is an ass. Anyone with half a brain treats hot beverages with DUE CARE AND ATTENTION. Do you normally expect coffee to be scalding before you drink it? |
#18
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Sewage flows down aisles of trans-Atlantic Continental Airlines flight
"NotABushSupporter" wrote in message ... sharx35 wrote: Once more, the law is an ass. Anyone with half a brain treats hot beverages with DUE CARE AND ATTENTION. Do you normally expect coffee to be scalding before you drink it? I ASSUME that any hot beverage will be painfully hot until I find out otherwise. Similarly, I assume that water is too shallow to dive in UNTIL I check it out. |
#19
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Sewage flows down aisles of trans-Atlantic Continental Airlinesflight
sharx35 wrote:
"NotABushSupporter" wrote in message ... sharx35 wrote: Once more, the law is an ass. Anyone with half a brain treats hot beverages with DUE CARE AND ATTENTION. Do you normally expect coffee to be scalding before you drink it? I ASSUME that any hot beverage will be painfully hot until I find out otherwise. Similarly, I assume that water is too shallow to dive in UNTIL I check it out. So, if the purchaser is not aware of anyone being hurt by the product and the seller is aware of at least 700 instances of someone being hurt by the product, you still find the purchaser to be solely at fault? (Note, in the decision, 20 percent of the blame was place on the purchaser) |
#20
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Sewage flows down aisles of trans-Atlantic Continental Airlines flight
NotABushSupporter wrote:
sharx35 wrote: Once more, the law is an ass. Anyone with half a brain treats hot beverages with DUE CARE AND ATTENTION. Do you normally expect coffee to be scalding before you drink it? Yes, I do, and if I was served coffee that was not hot then I would complain about it. -- -- --John to email, dial "usenet" and validate (was jclarke at eye bee em dot net) |
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