The woman was hospitalized with at least 2nd degree burns. It doesn't matter who spilled it, coffee that is to be consumed should not burn your skin that badly.
Its a good thing she spilled it. Putting that in your mouth would have been even worse.
Parents of slain boy sue school district for not enforcing the dress code.
The woman was hospitalized with at least 2nd degree burns. It doesn't matter who spilled it, coffee that is to be consumed should not burn your skin that badly.
Its a good thing she spilled it. Putting that in your mouth would have been even worse.
For a simple mind, yes its that simple.
T
TRGLDTE
Guest
William of Occam agrees with me.
evince
Truthmatters
So spilling the coffee would have been a very small problem if the product had not been dangerous to human skin huh?
The product was designed to be consumed by a human being. It was too hot to be consumed by a human being.
Trog make some sense.
evince
Truthmatters
And if the store had placed a sticker on it that had said NOT FIT FOR HUMAN CONSUMPTION then you may have a point.
T
TRGLDTE
Guest
The increased temperature was irrelevant. The normal expectation for hot coffee is that it is hot. At "regular" temperature, she would still have been injured. She assumed the risk of injury by removing the properly secured cover and knowingly creating a dangerous situation.
evince
Truthmatters
Just how hot was the coffee?
if they served it at 500 degrees would that be acceptable?
QFT -
What's up with him today? It seems like someone pissed all over his wheaties this morning.
It would be vapor, that is far above the temperature where you would receive a liquid.
Especially if they spilled it onto his crotch.
T
TRGLDTE
Guest
I certainly would not have carried a bowl of hot soup in my lap in a car being driven down the street... Bad analogy D. The coffee was NOT spilled on the lady by a McDs employee and it did not occur on McDs property. She spilled it on herself after removing the cover - not just cracking it open to take a sip, but removing it completely.
I have dumped coffee on 'Myself' (i.e, my junk) through my own carelessness, causing injury to the point of redness and peeling skin. I did not blame the coffeehouse. It was my fault.
I have dumped coffee on 'Myself' (i.e, my junk) through my own carelessness, causing injury to the point of redness and peeling skin. I did not blame the coffeehouse. It was my fault.
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You've missed the whole fvcking point. If she spilled the coffee that was a temperature fit for human consumption she wouldn't have incurred 2nd degree burns!
When's the last time you spilled coffee, soup or tea and had to go to the fcking hospital for a skin graft? You're being extremely obtuse on this.
http://lawandhelp.com/q298-2.htm
Well maybe next time you'll have to get a skin graft and we can see if you still have that same opinion.
T
TRGLDTE
Guest
There won't be a next time. And if there were, I'd again take responsibility for my own carelessness.
C
Cancel3
Guest
Hey Trog, how about looking at the facts?
You talked about spilling something on yourself that caused redness and some peeling? How about a week in hospital, skin grafts, and debridement. (go look up "debridement" and see if what you had compares?)
Here are the facts about why McDonalds lost:
The facts of the case, which caused a jury of six men and six women to find McDonald's coffee was unreasonably dangerous and had caused enough human misery and suffering that no one should be made to suffer exposure to such excessively hot coffee again, will shock and amaze you:
McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.
McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.
McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.
McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.
McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.
McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)
McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.
McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.
You talked about spilling something on yourself that caused redness and some peeling? How about a week in hospital, skin grafts, and debridement. (go look up "debridement" and see if what you had compares?)
Here are the facts about why McDonalds lost:
The facts of the case, which caused a jury of six men and six women to find McDonald's coffee was unreasonably dangerous and had caused enough human misery and suffering that no one should be made to suffer exposure to such excessively hot coffee again, will shock and amaze you:
McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.
McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.
McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.
McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.
McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.
McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)
McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.
McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.
LOL, I'm pretty sure if his nads had to be grafted from a food or drink spill, he'd feel a little differently about the situation.
I'm I'm personally happy she won the lawsuit. Too bad she didn't win more. This is just another example of corporate america ignoring the safety and well being of its customers. Lawsuits and gov. intervention keep companies in line - period.
T
TRGLDTE
Guest
She should have been awarded based on loss of use. I doubt a 73-year old coochy is worth much.