How Low Will The Lawyers Go?

[Wardad]

Yes, the high damage awards can be considered punishment, and possibly an attitude correction.

Typically not everyone hurt is going to sue, so a few reasonable awards will not cause a change of behavior.

Unfortunitly, these large awards have created a circus and lottery atmosphere.

I say, let's take some of the reward out of the large awards. Donate the bulk of it to charities.

[DavidG]

When I first heard of the McD's case I had the same reaction as everyone else. Then after reading details i thought McD's was in the wrong. Now I'm not so sure.
Why shouldn't McD's be able to sell hot coffee? Many people like hot coffee. I think that when I pour boiling water into a cup at home it's likely hotter than McD's coffee. The idea that companies cannot sell products that are potentially dangerous is ridiculous. When I cut of my hand with a saw (one with a higher RPM than normal saws) or shoot myself with a gun (wich deadlier that average ammo) can I sue the maker of the saw or gun? Likely not. The reason would probably be something like it is self evident that these products can hurt you. Same should be true of hot coffee.

[Roanon]

Originally posted by Phoenix-D:
Similarly, the coffee in that case can be best described as way too hot. Coffee should not cause third-degree burns..

Coffee should be made with hot water. The hotter, the better. Boil, then brew. So coffee can never be too hot, because hotter than boiling is steam, not coffee. If everyone only gets lukewarm coffee now because nobody wants to be sued when some idiot cannot handle it with care, you get what you deserve. Thats how I would solve the issue as shop owner. Anything else would be a too high risk - because taking the utmost possible stupidity as what I have to care for as vendor, I would otherwise risk that someone sues me next time when he slices the cup open with a knife and burns himself.

I do not agree with the lid issue. Who really expects that the lid of a cheap pLastic pot is 100% safe and tight, regardless of how rough it is handled? It is something to avoid spillage when transported, not something to enable people to drink while the cup is upside down. I think, a minimum of care when handling hot beverages should be expected - and handling hot coffee while driving is not what courts should encourage.

[DavidG]

Originally posted by Roanon:

I do not agree with the lid issue. Who really expects that the lid of a cheap pLastic pot is 100% safe and tight, regardless of how rough it is handled? It is something to avoid spillage when transported, not something to enable people to drink while the cup is upside down. I think, a minimum of care when handling hot beverages should be expected - and handling hot coffee while driving is not what courts should encourage.

I'm not so sure the lid was an issue in this case. If you read Rex's link you will note that the women was removing the lid when she spilled it. But yea I agree with you.

[Wardad]

If the coffee is really hot, then I have to wait to drink it. It can be a long wait with the styrofoam cup and a lid on it.

I for one am glad the coffee is not too hot anymore. It saves me the trouble of dropping ice cubes in it.

[Greybeard]

Based on a discussion over Christmas break with my 2nd-year law school student daughter, the most regrettable issue with the suit against McDonalds is that initially the woman only requested several hundred (or a few thousand) dollars to pay her medical bills. McDonalds refused and she filled suit agiianst them.

McDonalds paid plenty for this decision. However, they got lots of press and probably some sympathy from the case. They may have made a calculated decision to use this case to get their name in the news. [perhaps like Brittiny Spears getting married and then annulled??]

Also, the judgement amount was greatly reduced in the end, but without much press coverage. Without the complete story, it's hard to make correct judgements in these complex cases.

Greybeard