The Truth about the McDonald's Hot Coffee Lawsuit

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HomeAppraiser

Platinum Member
Aug 17, 2005
2,562
1
0
I hate getting coffee at McD because it is too hot. If I am inside I will add some ice so I can drink it with the meal.
 

Amused

Elite Member
Apr 14, 2001
55,719
13,497
146
Originally posted by: bctbct
Originally posted by: BlancoNino
Originally posted by: bctbct
Without lawsuits nothing around us would be safe.

Actually, we live in a pretty damn safe world. Humans are just obsessed with perfect safety and health. Well guess what, it's not going to happen. We have to be careful ourselves. McDonald's didn't own that coffee...the lady did. How she used it was up to her. Accident's happen, but like an old man once told me "There is no such thing as an accident anymore." There are many people out there (many of them are lawyers) that like to feel victimized and think "Something happened to me and I don't care if it was an accident. By god, SOMEBODY is going to pay."

It's wrong, it's selfish, and it's disgusting. Perhaps we should just throw the word "accident" out of the dictionary.

What if I bought a pack of guitar strings and while I was stringing my guitar, one of the strings sprung backwards and hit me in the eye? Guitar strings don't NEED to be wound up that way, but the evil greedy guitar string manufacturers do it so that they can save money on packing costs. I guess I should sue them for putting profits > safety?


What if you bought a Pinto, did Ford really kill that many people?

Wow... you tried the Pinto argument earlier and got owned. Poor memory or are you just a pot head?
 

bctbct

Diamond Member
Dec 22, 2005
4,868
1
0
Originally posted by: BlancoNino
Originally posted by: bctbct
What if you bought a Pinto, did Ford really kill that many people?

How is that even the same thing? :confused:

If I caused an accident and got killed or seriously hurt, then it's my fault. If somebody else caused the accident, it's their fault.

By the way, Ford really DID NOT kill that many people. Straight from wikipedia

"More recently, a well-known 1991 law review paper by Gary Schwartz [2], argued that the case against the Pinto was less clear-cut than commonly supposed. Only 27 people ever died in Pinto fires. Given the Pinto's production figures (over 2 million built), this was no worse than typical for the time, and far less than the "hundreds" claimed by the consumer safety advocates whose allegations are largely responsible for the reputation of the vehicle. Schwartz argued that the car was no more fire-prone than other cars of the time, and that the supposed "smoking gun" document showing Ford's callousness actually referred to the auto industry in general rather than the Pinto specifically."

Besides, those accidents only happened as a result of human error. The cars themselves simply would not explode or kill people without a reason.


You said we live in a pretty damn safe world, thats because of lawsuits. 27 is too many.
 

bctbct

Diamond Member
Dec 22, 2005
4,868
1
0
Originally posted by: Amused
Originally posted by: bctbct
Originally posted by: BlancoNino
Originally posted by: bctbct
Without lawsuits nothing around us would be safe.

Actually, we live in a pretty damn safe world. Humans are just obsessed with perfect safety and health. Well guess what, it's not going to happen. We have to be careful ourselves. McDonald's didn't own that coffee...the lady did. How she used it was up to her. Accident's happen, but like an old man once told me "There is no such thing as an accident anymore." There are many people out there (many of them are lawyers) that like to feel victimized and think "Something happened to me and I don't care if it was an accident. By god, SOMEBODY is going to pay."

It's wrong, it's selfish, and it's disgusting. Perhaps we should just throw the word "accident" out of the dictionary.

What if I bought a pack of guitar strings and while I was stringing my guitar, one of the strings sprung backwards and hit me in the eye? Guitar strings don't NEED to be wound up that way, but the evil greedy guitar string manufacturers do it so that they can save money on packing costs. I guess I should sue them for putting profits > safety?


What if you bought a Pinto, did Ford really kill that many people?

Wow... you tried the Pinto argument earlier and got owned. Poor memory or are you just a pot head?


Post the link to that, NOW!
 

bctbct

Diamond Member
Dec 22, 2005
4,868
1
0
Originally posted by: bctbct
Originally posted by: Amused


What if you bought a Pinto, did Ford really kill that many people?

Wow... you tried the Pinto argument earlier and got owned. Poor memory or are you just a pot head?[/quote]


Post the link to that, NOW!
[/quote]

Amused, wrong again.

We may disagree on opinions but you are constantly wrong on facts.

 

Amused

Elite Member
Apr 14, 2001
55,719
13,497
146
Originally posted by: bctbct
Originally posted by: Amused


OK, enough with the 700 complaints bullsh!t. It's silly. 700 complaints over 10 years is 1 complaint in 24 million cups of coffee sold. You are 5 times more likely to be hit by lightning.

The coffee is perfectly safe if not mishandled. Don't want to be burnt? Don't spill the coffee on yourself. Don't want to be cut? Don't run the knife across your skin or drop it on your foot. Don't want to be poisoned? Don't spray the insecticide on yourself.

It's really that easy.

There is already 100% alcohol. It's called Everclear. So what?

YOU may not care what the optimal temp is, but most people DO care and want the coffee to be prepared properly.


I see 700 formal complaints as an indicator that there is a repetitious problem that McD traded sales for safety. There could have been 50k that were never recorded or disclosed by McD.

McD was represented by competent attorneys, they lost. Many people thought that it was frivious and many cases may have never proceeded because of the negative PR.

Each case is different and McD may have lost because the jury foreperson may have hated the defense attorneys suit. Thus is the court system.

Had I been on the jury I would have voted in favor of the little old lady, not for sympathy but because I believe companies should put safety before profits. By law she cant wash her hands in a nursing home above 110 degrees.

Without lawsuits nothing around us would be safe.

A complaint rate of 1 in 24 million is extremely low. So low that few products that can cause injury have lower rates... including simple five gallon buckets. The 700 complaint argument is moot. Once put into context it actually makes the coffee look safe.

It is well known that the insurance company dropped the ball. It was hardly a "competent" defense.

I never said I oppose lawsuits. Nice try.

Hot water out of a faucet and hot food and drinks are entirely different and yet another irrelevant and absurd argument from you. I guarantee that same nursing home serves food and drinks hotter than 110 degrees.
 

dmcowen674

No Lifer
Oct 13, 1999
54,894
46
91
www.alienbabeltech.com
Originally posted by: bctbct
Originally posted by: Amused
Originally posted by: bctbct
Originally posted by: BlancoNino
Originally posted by: bctbct
Without lawsuits nothing around us would be safe.

Actually, we live in a pretty damn safe world. Humans are just obsessed with perfect safety and health. Well guess what, it's not going to happen. We have to be careful ourselves. McDonald's didn't own that coffee...the lady did. How she used it was up to her. Accident's happen, but like an old man once told me "There is no such thing as an accident anymore." There are many people out there (many of them are lawyers) that like to feel victimized and think "Something happened to me and I don't care if it was an accident. By god, SOMEBODY is going to pay."

It's wrong, it's selfish, and it's disgusting. Perhaps we should just throw the word "accident" out of the dictionary.

What if I bought a pack of guitar strings and while I was stringing my guitar, one of the strings sprung backwards and hit me in the eye? Guitar strings don't NEED to be wound up that way, but the evil greedy guitar string manufacturers do it so that they can save money on packing costs. I guess I should sue them for putting profits > safety?
What if you bought a Pinto, did Ford really kill that many people?
Wow... you tried the Pinto argument earlier and got owned. Poor memory or are you just a pot head?

Post the link to that, NOW!
DESIGN DEFECTS OF THE FORD PINTO GAS TANK - Engineering Disaster
 

Amused

Elite Member
Apr 14, 2001
55,719
13,497
146
Originally posted by: bctbct
Originally posted by: bctbct
Originally posted by: Amused


What if you bought a Pinto, did Ford really kill that many people?

Wow... you tried the Pinto argument earlier and got owned. Poor memory or are you just a pot head?


Post the link to that, NOW!
[/quote]

Amused, wrong again.

We may disagree on opinions but you are constantly wrong on facts.

[/quote]

Well, it was posted in this thread already and destroyed. I figured it was you. If it wasn't I'm rather shocked that two people would make such an absurd comparison and logical fallacy.

"Constantly wrong? With the exception of settlements please post one fact I have wrong.

You have no facts. In fact, you started debating this topic with NO more info than that in the propaganda piece posted by the OP. You had NO independent info on this case and pulled piss poor arguments out of your ass. And you try to turn that around on me?

Wow...
 

bctbct

Diamond Member
Dec 22, 2005
4,868
1
0
Originally posted by: dmcowen674
Originally posted by: bctbct
Originally posted by: Amused
Originally posted by: bctbct
Originally posted by: BlancoNino
Originally posted by: bctbct
Without lawsuits nothing around us would be safe.

Actually, we live in a pretty damn safe world. Humans are just obsessed with perfect safety and health. Well guess what, it's not going to happen. We have to be careful ourselves. McDonald's didn't own that coffee...the lady did. How she used it was up to her. Accident's happen, but like an old man once told me "There is no such thing as an accident anymore." There are many people out there (many of them are lawyers) that like to feel victimized and think "Something happened to me and I don't care if it was an accident. By god, SOMEBODY is going to pay."

It's wrong, it's selfish, and it's disgusting. Perhaps we should just throw the word "accident" out of the dictionary.

What if I bought a pack of guitar strings and while I was stringing my guitar, one of the strings sprung backwards and hit me in the eye? Guitar strings don't NEED to be wound up that way, but the evil greedy guitar string manufacturers do it so that they can save money on packing costs. I guess I should sue them for putting profits > safety?
What if you bought a Pinto, did Ford really kill that many people?
Wow... you tried the Pinto argument earlier and got owned. Poor memory or are you just a pot head?

Post the link to that, NOW!
DESIGN DEFECTS OF THE FORD PINTO GAS TANK - Engineering Disaster


Thanks for the help, but Amused accused me of posting this arguement earlier and being a pot head....he is wrong on both. Thats the link I was asking for.
 

bctbct

Diamond Member
Dec 22, 2005
4,868
1
0
Originally posted by: Amused



Post the link to that, NOW!

Amused, wrong again.

We may disagree on opinions but you are constantly wrong on facts.

[/quote]

Well, it was posted in this thread already and destroyed. I figured it was you. If it wasn't I'm rather shocked that two people would make such an absurd comparison and logical fallacy.[/quote]

You are completely taking my arguement out of context. My reference to the Pinto was in regard to overall safety of products being attributed to lawsuits that have forced change in product defects.

 

shortylickens

No Lifer
Jul 15, 2003
82,854
17,364
136
Originally posted by: Amused
Originally posted by: ggnl
Originally posted by: torpid
Related question... anyone tried the "new" coffee at mcdonalds they are advertising as gourmet? If so is it any different in actuality?
It's pretty much your standard arabica coffee. Not horrible but there's nothing gourmet about it.
Actually, in polls it beats Starbucks coffee.
Piss warm tar beats Starbucks Coffee, both in quality and value.

 

Amused

Elite Member
Apr 14, 2001
55,719
13,497
146
Originally posted by: bctbct
Originally posted by: Amused



Post the link to that, NOW!

Amused, wrong again.

We may disagree on opinions but you are constantly wrong on facts.

Well, it was posted in this thread already and destroyed. I figured it was you. If it wasn't I'm rather shocked that two people would make such an absurd comparison and logical fallacy.[/quote]

You are completely taking my arguement out of context. My reference to the Pinto was in regard to overall safety of products being attributed to lawsuits that have forced change in product defects.

[/quote]

180 degree holding temp is NOT a defect. It is ideal for quality coffee. The cup and lid did not fail. No defect. The only defect was in the judgement of the consumer.

Comparing the Pinto case or ANY product defect case to this is simply absurd.
 

bctbct

Diamond Member
Dec 22, 2005
4,868
1
0
Originally posted by: Amused
Originally posted by: bctbct
Originally posted by: Amused



Post the link to that, NOW!

Amused, wrong again.

We may disagree on opinions but you are constantly wrong on facts.

Well, it was posted in this thread already and destroyed. I figured it was you. If it wasn't I'm rather shocked that two people would make such an absurd comparison and logical fallacy.

You are completely taking my arguement out of context. My reference to the Pinto was in regard to overall safety of products being attributed to lawsuits that have forced change in product defects.

[/quote]

180 degree holding temp is NOT a defect. It is ideal for quality coffee. The cup and lid did not fail. No defect. The only defect was in the judgement of the consumer.

Comparing the Pinto case or ANY product defect case to this is simply absurd.[/quote]


I didnt compare the pinto case to this case. I refenced the pinto case because BlancoNino
said that "we live in a pretty damn safe world" My statement was I attributed todays safety to lawsuits of the past.

 

Amused

Elite Member
Apr 14, 2001
55,719
13,497
146
Originally posted by: bctbct
Originally posted by: Amused
Originally posted by: bctbct
Originally posted by: Amused



Post the link to that, NOW!

Amused, wrong again.

We may disagree on opinions but you are constantly wrong on facts.

Well, it was posted in this thread already and destroyed. I figured it was you. If it wasn't I'm rather shocked that two people would make such an absurd comparison and logical fallacy.

You are completely taking my arguement out of context. My reference to the Pinto was in regard to overall safety of products being attributed to lawsuits that have forced change in product defects.

180 degree holding temp is NOT a defect. It is ideal for quality coffee. The cup and lid did not fail. No defect. The only defect was in the judgement of the consumer.

Comparing the Pinto case or ANY product defect case to this is simply absurd.[/quote]


I didnt compare the pinto case to this case. I refenced the pinto case because BlancoNino
said that "we live in a pretty damn safe world" My statement was I attributed todays safety to lawsuits of the past.

[/quote]

Okie Dokie, but Blanco didn't mention defective products either. He spoke of properly working products that are mishandled by the customer. Had the cup or lid failed, your reference may have been valid.
 

BlancoNino

Diamond Member
Oct 31, 2005
5,695
0
0
Originally posted by: bctbct
I didnt compare the pinto case to this case. I refenced the pinto case because BlancoNino
said that "we live in a pretty damn safe world" My statement was I attributed todays safety to lawsuits of the past.

We live in a pretty damn safe world because we're smarter and because we demand things to be safe. Lawsuits or even laws themselves aren't making our cars any safer, are they?

The only way we can live in a safer world is if people learn to be safe themselves. We can't keep playing the blame game.
 

maziwanka

Lifer
Jul 4, 2000
10,419
1
0
I'm pretty happy this thread is going. Its funny to see it taken over by users who haven't argued earlier (its like new cycles) EXCEPT Amused is still going on strong. hahahaha. i thought you'd have been tired with repeating your argument through 20 pages of this thread.
 

bctbct

Diamond Member
Dec 22, 2005
4,868
1
0
Originally posted by: Amused

Okie Dokie, but Blanco didn't mention defective products either. He spoke of properly working products that are mishandled by the customer. Had the cup or lid failed, your reference may have been valid.[/quote]


Then its agree, we both have valid points and diffent opinions. Wanna come over and play lawn darts? :)
 

Amused

Elite Member
Apr 14, 2001
55,719
13,497
146
Originally posted by: bctbct
Originally posted by: Amused

Okie Dokie, but Blanco didn't mention defective products either. He spoke of properly working products that are mishandled by the customer. Had the cup or lid failed, your reference may have been valid.


Then its agree, we both have valid points and diffent opinions. Wanna come over and play lawn darts? :)
[/quote]

It's very sad that the US banned lawn darts. We are the only country to do so, AFAIK. A case of appealing to the lowest common denominator.

Out of the millions of sets sold, only four kids died from obvious misuse. Meanwhile hundreds drowned in 5 gallon buckets...
 

BlancoNino

Diamond Member
Oct 31, 2005
5,695
0
0
Originally posted by: Amused
It's very sad that the US banned lawn darts. We are the only country to do so, AFAIK. A case of appealing to the lowest common denominator.

Out of the millions of sets sold, only four kids died from obvious misuse. Meanwhile hundreds drowned in 5 gallon buckets...

And this is exactly what I mean about safety lawsuits and laws being counter-intuitive. We're trying to make everything seem perfect, so nobody takes any personal pre-cautions before doing anything. When I was a kid, my parents always double and triple warned me to watch for cars when in the street. Anymore, I see children running and playing in the street and not caring if I'm driving by. I once asked a child why she didn't care if a car was coming and she said "Because my mom told me cars were supposed to stop for me." I told her it didn't matter because if a car hit her she'd be dead.

 

glutenberg

Golden Member
Sep 2, 2004
1,942
0
0
Originally posted by: mrjminer
People buy all sorts of stuff for consumption in a car, not just through a drive-thru. Sue PepsiCo because they don't put a warning on their cans stating that it might roll under your brake pedal, resulting in the inability to brake?

This is not the issue:
If it's the standard that coffee be served at such high temperatures for taste then it seems like it would be an investigation to the safety of the standard instead of a court trial.

The issue, indeed, is the issue:
But, this would just be another argument of opinions about personal responsibility.

How much do things need to be regulated in order to fully extract the people from holding any knowledge whatsoever about anything? You claim that everyone knows coffee is hot and can burn you, of course. Does it matter if they know the degree to which they can be burned? No. All that matters is that they have the basic knowledge that burning causes pain and you don't want to happen. I've never been burned by a fire, but I'm not going to stick my hand in it because I don't know how bad it would burn me. Sure, it may burn other people badly, but maybe I have a superhuman resistance to fire that nobody else has, in which case the severity of the burn would not apply in my case, nor would the knowledge that fire is hot and will burn me.

As you imply, you could really argue about this all day, obviously, but your entire point is moot and reflects the idea that business and government override individual choice because individuals should not be held responsible for their choices--the possibility of them making the choice should simply be removed. Effectively, you are saying that all people are too stupid to understand something as simple as hot stuff burns so we shouldn't have hot stuff.

You can't argue for personal responsibility and completely ignore corporate responsibility. Regulations are always going to be a double edged sword. They will always hinder businesses in their operations but at the same time they create longevity for their products as people will continue consuming them. It's not as simple as people need to be responsible for their actions because in this particular case, hot coffee has never translated into 3rd degree burns in people's minds. People know coffee is hot and they generall consider hot to the point where it'll burn and at most leave a light scar or blistering, not $11,000 skin grafting and eight days in a hospital. When's the last time you actually expected your coffee to be hot enough to burn that severely.

Like it's been said many times. Personal responsibility is one part of the equation but it's not the entire picture. You have to look at the balance between personal and corporate, business and consumer, etc. There aren't very many comparable examples (eg. dropping knives, pintos, etc) because they are completely different scenarios. I don't know what else to tell you other than the case was not about how silly this old lady was. It's a case trying to determine if serving beverages at near boiling temperatures when the expectation of the temperature by the general populace is significantly lower is corporate or personal responbility.
 

imported_Shivetya

Platinum Member
Jul 7, 2005
2,978
1
0
Originally posted by: Pale Rider
During discovery, McDonald's produced documents showing more than 700 claims of people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebeck's. This history documented McDonald's knowledge about the extent and nature of this hazard.

That says it all right there folks. McDonalds knew about the problem well in advance and didn't try to fix it. They are at fault, even if she spilled the drink.

How is it their fault for serving food hot?

If you can drink it it is not too hot. It does not cause injury when used properly does it?

So some twit screws up and its their fault?


Whats next, blaming the maker of lighters for people smoking?
 

shortylickens

No Lifer
Jul 15, 2003
82,854
17,364
136
Lawn darts are ILLEGAL? :Q

Excuse me please while I make an anonymous run to my local disposal facility.
 

Amused

Elite Member
Apr 14, 2001
55,719
13,497
146
Originally posted by: shortylickens
Lawn darts are ILLEGAL? :Q

Excuse me please while I make an anonymous run to my local disposal facility.

LOL

They are illegal to sell, not own. Though the nanny state STRONGLY urges you to turn them in.
 

jonks

Lifer
Feb 7, 2005
13,918
20
81
I'll jump in. McD shouldn't be found to be at fault here based on pure numbers. They sell I don't know how many MILLION cups of coffee a day, and hundreds of millions of cups per year. Compared to the number of people who manage to drink their coffee safely, they shouldn't be responsible for the .000001 that injure themselves doing the same thing. This isn't a case of a company overlooking an obvious and frequent danger.

But, exactly because it happens so infrequently they should've settled with the little old lady instead of looking like an evil corporate empire.