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Texas woman sues Starbucks after getting burned by spilled coffee
NY Post ^ | 08/26/2021 | Will Feuer

Posted on 08/26/2021 8:23:25 AM PDT by ChicagoConservative27

A Texas woman is suing Starbucks over first-degree burns she suffered, claiming she was given the wrong coffee and then spilled it on herself when she gave it back, court papers say.

Mary Simms ordered some joe on April 14 from a Starbucks drive-thru in Tomball, Texas, according to the suit filed in Harris County, Texas.

The employee informed Simms that she was given the wrong drink and when Simms stopped her car and handed back the coffee, the lid came off and the coffee spilled on Simms’ lap.

“As a result of the spill, [Simms] sustained first and second-degree burns causing severe personal injuries and damages,” the suit says.

(Excerpt) Read more at nypost.com ...


TOPICS:
KEYWORDS: burned; coffee; starbucks; texas
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To: EEGator

Drive-through coffee kiosks are all the rage in North Idaho. We seem to like our coffee more than Seattle or Portland. And they are all busy — it isn’t uncommon to see four, five or six cars lined up on both sides of the kiosk. The kiosks are all over the place and there must be another six under construction in the Coeur d’Alene / Post Falls area.


21 posted on 08/26/2021 8:48:29 AM PDT by ProtectOurFreedom (“Criminal democrats kill babies. Do you think anything else is a problem for them?”)
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To: Cobra64

You’re maybe expecting personal responsibility these days? With today’s “victim” culture and a gazillion lawyers looking for a big payday?


22 posted on 08/26/2021 8:49:34 AM PDT by ProtectOurFreedom (“Criminal democrats kill babies. Do you think anything else is a problem for them?”)
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To: ProtectOurFreedom
Shrinkage?


23 posted on 08/26/2021 8:49:48 AM PDT by EEGator
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To: Artemis Webb; freedumb2003

You might want to lookup the specifics of the case on McDonalds. The coffee was heated beyond recommended levels and as a result most establishments lowered temps. McDonald’s restaurants were required to serve coffee between 180 and 190 degrees. At this temperature, spilled coffee causes third-degree burns in less than 3 seconds. Home coffee makers typically brew coffee at about 135-150 degrees. McDonalds had over 700 complaints before this. All Mrs Liebeck asked was that McDonlads pay her $2000 hospital bill. They offered $800 so she sued.


24 posted on 08/26/2021 8:50:30 AM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: ProtectOurFreedom

Are you being invaded by Washington and Oregon people?
I heard Boise is already ruined.


25 posted on 08/26/2021 8:51:02 AM PDT by EEGator
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To: Cobra64

Depends on which “nail” you hit with the hammer.

Hit the right one and you won’t feel a thing.


26 posted on 08/26/2021 8:56:26 AM PDT by egfowler3 (Still a Deplorable, a 'Clinger', a Christian 'Infidel', an American & 'vast right-wing conspirator')
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To: ChicagoConservative27

Coffee is hot, who knew?


27 posted on 08/26/2021 8:57:16 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: ChicagoConservative27

That caustic crap coffee will burn you when it’s iced down


28 posted on 08/26/2021 8:57:56 AM PDT by digger48
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To: Cobra64

Sorry, nothing you say will stop lawyers from suing. So given that, please sue Starbucks & other woke corporations into oblivion.


29 posted on 08/26/2021 9:00:25 AM PDT by JonPreston (Q: Never have so many, been so wrong, so often)
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To: JonPreston

Despite their liberalism in other areas, Starbucks defends personal injury lawsuits very aggressively. They might pay something to settle, but they’ll make her lawyer work for it and it won’t be much.


30 posted on 08/26/2021 9:02:18 AM PDT by The Pack Knight
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To: econjack
We need to adopt the system used in other countries where, if you lose, you must pay for the defense’s attorneys fees and all court costs.

Indeed. Tort reformers, Ho!

I'm also of a mind that we should do as the UK does...afford the same anonymity to rape defendants as are rape plaintiffs.

31 posted on 08/26/2021 9:03:18 AM PDT by Bloody Sam Roberts (If Liberals had a conscience, they wouldn't be Liberals.)
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To: DJ MacWoW
Home coffee makers typically brew coffee at about 135-150 degrees.

That’s not exactly true. It’s not really regulated, but the grounds should be brewed with water at 195—205 degrees. An appropriate serving temperature is after the coffee has cooled to 135, 140, 150, maybe even up to 160. My cup right now is 140. :-)

32 posted on 08/26/2021 9:03:29 AM PDT by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: FoxInSocks
The point is that it wasn't a frivilous lawsuit but McDonalds and the press did damage control and people bought it.

Find Law has an article about the case but this was a short view with facts.

Adam Ruins Everything - The Truth About the McDonald's Coffee Lawsuit

33 posted on 08/26/2021 9:12:07 AM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: EEGator
Mainly Californians, but a lot of refugees from Washington, too. The Dems are invading, no doubt about it, but this is still "The Redoubt."

My family moved here in 1920, but I spent most of my adult life in California and visited here a lot. So I count myself as an "almost native."

I spotted this plate a couple days ago. It's funny, but not really something you want to advertise.


34 posted on 08/26/2021 9:12:51 AM PDT by ProtectOurFreedom (“Criminal democrats kill babies. Do you think anything else is a problem for them?”)
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To: EEGator

Judge: “Dismissed! Shrinkage is temporary.”


35 posted on 08/26/2021 9:13:21 AM PDT by ProtectOurFreedom (“Criminal democrats kill babies. Do you think anything else is a problem for them?”)
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100% guaranteed biden voter. I could never bring myself to do a lawsuit like this, I would feel shame with myself. These kind of lawsuits do nothing but take just a little more away from the enjoyment of life for everyone else. I don’t care if its starbucks in particular, this result will be an increased insurance and liability risk to all businesses which will result in luke warm coffee or just the elimination of coffee as its not worth the risk, liability, or cost. This happens in everything and over time incrementally anything that 99.9999999% do and enjoy every day without incident slowly goes away because one joker out of 6 billion was a jackass and either misued something, or there was a legitamate accident.

I am ok with lawsuits when blatant negligence is a factor such as trying to cut costs on a well defined maintenance structure. Those kind of lawsuits encourage compliance with known safety issues when not corrupted by democrat politicians as a means to crush competition. But these frivolous lawsuits take just a little bit away from everybody bit by bit until all we have left is california


36 posted on 08/26/2021 9:13:46 AM PDT by dsrtsage ( Complexity is just simple lacking imagination)
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To: freedumb2003

“The McD suit was actually righteous. The coffee was so hot it caused 2nd degree burns. That is too hot for your mouth so I do not understand that anyway.”

The McDonald’s suit was pure BS by an ambulance chasing lawyer.

Coffee is brewed at 195°-200° to get the best flavor out of the coffee. According to experts if the water is cooler than 195° the brew will be flat or even sour tasting.

https://sipcoffeehouse.com/temperature-for-brewing-coffee/

Some sources say the best DRINKING temp for coffee is 145°. Still hot but that cup of Joe has to cool 55° before imbibing. That takes a minute.


37 posted on 08/26/2021 9:14:21 AM PDT by oldvirginian (I’m getting tired of being part of a major historical event.)
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To: DJ MacWoW
You might want to lookup the specifics of the case on McDonalds. The coffee was heated beyond recommended levels and as a result most establishments lowered temps. McDonald’s restaurants were required to serve coffee between 180 and 190 degrees. At this temperature, spilled coffee causes third-degree burns in less than 3 seconds. Home coffee makers typically brew coffee at about 135-150 degrees. McDonalds had over 700 complaints before this. All Mrs Liebeck asked was that McDonlads pay her $2000 hospital bill. They offered $800 so she sued. The details of Liebeck's injury are pretty gruesome, too, but even so, the jury only found $200,000 in compensatory damages (which was reduced to $160,000 based on a 20% comparative negligence finding against Liebeck).

The bulk of the verdict was in punitive damages. The jury found McDonalds grossly negligent based on evidence that McDonalds knew that the coffee was dangerous but kept it that hot anyway as a matter of corporate policy. Liebeck's lawyer suggested in closing that the jury should award two days' of McDonalds' coffee revenue, or $2.7 million, in punitive damages, and the jury agreed. The judge reduced the punitives to 3 times the amount of the judgment. Then the parties settled rather than have McDonalds appeal.

All in all, the system worked. The jury heard the evidence, found McDonalds liable, and found an appropriate amount of compensatory damages. They correctly found McDonalds grossly negligent. They found a disproportionately large amount of punitive damages, but the judge did his job and reduced it.

The pre-suit demand was actually $20,000, most of which was medical expenses. The rest was a small amount to compensate her daughter for her lost earnings in taking care of her, plus about $2,000 for pain and suffering. McDonalds indeed offered $800. I get a lot of personal injury clients who never would have talked to a lawyer if the business had just apologized, paid for the medical bills, and promised to fix the problem.

38 posted on 08/26/2021 9:19:52 AM PDT by The Pack Knight
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To: ChicagoConservative27

This is one where I hope she wins! Lots!


39 posted on 08/26/2021 9:22:02 AM PDT by albie
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To: DJ MacWoW

You’re citing Adam Ruins Everything?
The only thing Adam has ruined is his credibility. He gets much more wrong than right.

According to Adam, Wendy’s restaurants are why we’re paying so much for bacon. On his show he stated that the big shots at Wendy’s colluded with the pork packers to divert massive amounts of bacon to Wendy’s.
That idiot jackass didn’t think that China buying pork belly by the shipload had anything to do with bacon prices?
Or China buying one of America’s premier pork packers, Smithfield, had anything to do with bacon prices.

Adam needs to ride his magical “green” bicycle to the south pole and wait for global warming to turn it into a vacation playground.


40 posted on 08/26/2021 9:24:15 AM PDT by oldvirginian (I’m getting tired of being part of a major historical event.)
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