IMHO it is still the women’s fault. Anyone can feel from the outside of the cup of coffee that it is hot. It is not the fault of MD that she put it into her lap on way or the other no matter how hot it was. If you drive to fast on the highway it is you that is responsible and not the car company because it build a fast car.
If the company sells malfunctioning products to the public and people suffer from it, the solution is simple (at least over here): The company pays for the damage it caused (and to some extend for physical pain, but seldom more then 20k €). As a punitive, we get the heads of the people responsible that such a product entered the market, be it on purpose or negligence. They will go to jail for it and no legal construct will help them.
Result: The consumer gets his damage replaced and the responsible person will get his punishment. I see absolutely no need to punish the company and all the honest people working for it by enforcing punitive damage on the company when the few people that are responsible can be punished directly. Just my 0.02$
@Growltigger: It going fine over here, a lot of work at the moment as I have completed all my tests and exams in November Last year. I have sworn my oath in January and I’m now a lawyer in all respects of the German law. I got lucky and got a job immediately despite the high unemployment rate here in Germany. Only my free time has suffered in the process.
