Posted on 02/02/2006 8:33:28 PM PST by Gomez
The Associated Press reports:
A Louisiana man claims in a lawsuit that Apple's iPod music player can cause hearing loss in people who use it.
What the Associated Press fails to mention in their story is that the attorney, Steve W. Berman, is on retainer at Microsoft:
More recently, Microsoft recognized Mr. Berman's experience and expertise when the company retained him to be part of the core national team representing the company in antitrust class actions arising from Judge Jackson's Findings of Fact in the Department of Justice antitrust case against the company.
(Excerpt) Read more at ipoding.com ...
Note the second heading in bold print: "Avoid Hearing Damage". This idiot is playing lawsuit lotto, possibly with M$ backing. "Too stupid to read the *very clearly written* manual? Sue!"
It's not even a "common-sense" issue - Apple clearly puts warnings out where people who buy iPods should reasonably be able to read them. When I opened the manual/CD packet, that pamphlet (Apple 034-2089-A) was the *first* thing I saw.
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Microsoft lawyer behind iPod hearing suit? PING!!!
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iPod |
| Send FReepmail if you want on/off iPing list WARNING: This is a high-volume Ping list. Turn your headphones down |
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| The List of Ping Lists | |
That "Do Not Use While Driving" warning could be a problem. Apple sells all sorts of gadgets for using the iPod in the car.
gadgets for using iPod in the car - to hear it through your car stereo, to recharge it on the go, etc. Not to plug earphones in your stupid ears so you cannot hear traffic and warning sounds around you.
That does not imply that you should actually drive the car while listening. Just sit in the car and listen. :-)
Yeah, except that when that idiot spilled coffee on herself, there were *no* warnings, either on the cup or in the restaurant. Apple put warnings in the box, where you *have* to read them.
My understanding is that the particular McD's had been warned already about the excessive heat of their coffess, and that the injured woman actually was burned when the coffee melted the styrofoam cup it was in.
You're supposed to READ everything included in a product's box? Who knew? No one ever gave me anything to read that said that. /sarcasm
No, she was in the drive-thru, put the cup between her legs and spilled it. The sweats she was wearing helped keep the hot coffee close to her skin.
McD's actually brewed and stored their coffee at a less than optimal temperature, although higher than most home drip coffee makers (which produce horrid coffee due to their too-low brew temp, not to mention the heater plate most of them have that turn your coffee bitter).
America circa 2006, where everything's a tort, and the lawyers are having a feast... and donate their share back to the politicians!
McDonalds coffee and the Liebeck lawsuit
Lis Riba, 2000
Here are some facts about what really happened:
At the trial, it was revealed:
* McDonalds required their coffee kept at 185 degrees Fahrenheit, plus or minus 5 degrees, significantly higher than other establishments. [Coffee is usually served at 135 to 140 degrees]
* An expert testified that 180 degree liquids will cause full thickness burns in 2 to 7 seconds.
* McDonalds knew before this accident that burn hazards exist with any foods served above 140 degrees.
* McDonalds knew that its coffee would burn drinkers at the temperature they served it.
* McDonalds research showed that customers consumed coffee immediately while driving.
* McDonalds knew of over 700 people burned by its coffee, including many third-degree burns similar to Ms. Liebeck's.
* McDonalds had received previous requests from consumers and safety organizations to lower their coffee temperature.
There were many things McDonalds could've done to prevent injuries:
* lowering the holding temperature of their coffee,
* putting warning labels on the cups not to drink immediately,
* redesigning the cups to minimize tipping or prevent drinking in cars
McDonalds knew of the risk and knew scores of injured customers, but did nothing to mitigate the chance of injury.
Evidence showed that McDonalds served their coffee so hot to save money. This let them get away with a cheaper grade of coffee and cut down on the number of free refills they had to give away. McDonalds executives testified that they thought it would be cheaper to pay claims and worker's compensation benefits to people burned by their coffee versus making any of these changes.
Even the trial court judge called McDonalds' conduct willful, wanton, reckless and callous.
On to the situation at hand:
* Stella Liebeck, age 79, was a passenger in the car.
* The car was at a full stop so she could add cream and sugar to her coffee. [She was not the driver and the car was not moving.]
* The cup tipped and spilled over her lap.
* Within a few seconds, Ms. Liebeck suffered third-degree burns over 6 percent of her body, including her inner thighs, perineum, buttocks, genitals and groin.
* Ms. Liebeck was hospitalized for 8 days, and required skin grafting and debridement treatments.
* Parts of Ms. Liebeck's body were permanently scarred.
* Ms. Liebeck tried to settle with McDonald's for $20,000 to cover her medical expenses. McDonalds offered her $800. She sought mediation, but McDonald's refused.
* The jury initially awarded Ms. Liebeck the equivalent of two days worth of coffee sales for McDonalds as punitive damages.
* The trial judge reduced the verdict to something under $600,000.
McDonalds has since lowered the temperature on their coffee.
Information comes primarily from http://www.lectlaw.com/files/cur78.htm
Other sources I used and/or would recommend on this case are:
* http://www.accidentline.com/McDonalds.htm
* http://www.google.com/search?q=cache:30657179&dq=cache:www.law4business.com/justice-lawyer-lawsuit-faq.htm
* http://www.vamedmal.com/mainpages/FAQ.htm
* http://www.omnology.com/mcds.html
* http://quellerfisher.ljextra.com/liebeck.html
* http://web.langston.com/Fun_People/1997/1997BCY.html
* http://www.bhm.tis.net/jury/corner/dec09b.html
* http://insuranceattorney.com/McDonaldsCoffeeSpill.htm
* http://www.andrewprince.com/SOMECOLDarticle3.html
Crap coffe is served at those temperatures. The optimal brewing temperature for coffee is 195-205 degrees, and just under that is best for storing coffee. McDonalds is being penalized for trying to make better coffee.
Coffee is supposed to be hot -- very hot. Handle with care. If you don't like hot coffee, go somewhere else.
lowering the holding temperature of their coffee,
Cut the quality, not a good solution.
putting warning labels on the cups not to drink immediately,
For people who are too dumb to notice that what they're holding is hot. Here's a hint: put the coffee in the cup holder until you have a time when you are free (I usually parked in the lot), then rest it on a stable surface away from you, open the lid, add coffee and creamer, stir, put the lid back on, then drink if it's cool enough for you.
Is that really to hard for people to understand? Or is common sense not so common? I should sue the company that made my tea kettle since I burned myself by spilling the water I just boiled on myself.
McDonalds has since lowered the temperature on their coffee.
Due to the threat of lawsuits, and much to the sadness of those of us who appreciate a quick cup of actually hot coffee.
Other sources I used and/or would recommend on this case are:
Did you notice that those sites that did work were by ambulance chasing law firms? This cut 'n paste is a bit old, so most of the links are dead.
How is this a "story"? Attorneys are money whores. They go where the money takes them. For example, David Boies represented the government in the Microsoft antitrust case -- then turned around and worked for SCO (a company linked marginally to MS). The point is ... who cares?
Kinda like the warning on using the built-in GPS in my car while driving. Of course it refers to monkeying around with the controls - you are supposed to set it up while you are parked and then let it work. But who does that....?
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