Posted on 10/26/2013 7:29:56 PM PDT by Olog-hai
A woman from Clovis, Calif. is suing McDonald’s for negligence after hot coffee she bought at the fast food restaurant spilled on her lap and burned her.
The attorney for 74-year-old Joan Fino says settlement talks between his client and McDonald’s ended Thursday without an agreement. …
Fino says coffee spilled on her lap at the drive-up window and gave her second degree burns in her groin area. …
(Excerpt) Read more at kdvr.com ...
That’s too hot and it looks like strict liability (’res ipsa loquiter’).
They serve it that hot because they know most people are driving and ‘nurse’ their drink, and they sell more coffee.
Note the lady is in her 70s.
Serve me tea or coffee @ 180 and I’ll send it back to be warmed to as close to 200 as possible.
But at 104 a person would turn the corner and spit out the coffee for being lukewarm.
Aw, but she burned her genitals.
That's why you don't put hot coffee at ANY temperature between your legs.
But she got THIRD-degree burns!
That's why you don't put hot coffee or other hot things in your crotch area.
But she's a cute, sweet old lady!
Sure, but that doesn't preclude her from having common sense.
McDonald's was cold and REFUSED to pay for her medical care!
Well, when a 75 year old has been on this earth for that many years, they learn to not do certain things, like not hitting yourself over the head with a hammer or putting something hot in your crotch area while in a moving car.
You're a meanie, and McDonald's has lots of money. They should pay!
No, you can't fix stupid, nor should someone be held liable for what other radical folks consider "dangerous"
Why did McDonald's have coffee so hot that it would hurt people, don't they care?
I would assume so, since they like to stay in business.
Making a dangerous product that injures customers is not a good business model.
But like the hammer example above, if one of their customers does something foolish, why should they be liable?
The risk that people are stupid and will be coffee in between their lap.
Hold right there partner. Read the excerpt. McDonalds is serving a whole different kind of coffee. Something completely different. Joan Fino did not spill that cup in her lap. The coffee spilled it self.
Maybe she does have a case here.
That's nothing. I once skimmed the dross off of molten lead with my genitals. I didn't even wince, nor showed any pain whatsoever. My boss panicked and asked if I needed help, and I said, "No, I feel great." And I did.
Well...
This is why liberals want to ban guns.
They can’t even handle coffee without hurting themselves.
LOL
You should have that checked. Heavy metals are no joke!
NADS OF STEEL!
And yet if they served it cooler, someone would sue because they “didn’t order COLD coffee”
People need to grow the hell up.
The power of phraseology. Gotta remember that.
She was widely criticized as being an opportunist. To the contrary, her intentions were modest.
The problem is that the national standard for coffeemakers says the coffee should be between 170 & 205 deg. McDonald's coffee in that case was 180-190 deg, or right in the middle of where it should be.
She was burned because she spent roughly 90 seconds in contact with the coffee, and they admitted that even coffee at 160 deg would have caused 3rd degree burns if left in contact for over 30 seconds.
The whole case was a sham.
Yeah, people do. Were I server, I’d put a holder on the cup and present it so it would be the only good place to take hold of it.
Wow! Coffee’s hot! Whoda thunk?!!
yeah it’s around 180-190 degrees so that bitter tannins don’t form at any higher temps. i shoot for 180-185.
Stella was 79. The jury awarded her 2.9 million, reduced on remittitur to $600,000, then settled under a confidential agreement.
You would think McDonalds would learn, but they can lose a number of these cases and still make money selling scalding-hot coffee.
People were horrified until they understood what was going on. The girl behind the counter brought a dry towel. Several people said they never would have thought of removing the clothing holding the boiling water against their skin.
And I didn't sue.
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