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.