Disclaimer: Some may assert this is off topic; you are entitled not to respond. But, I think the perception of lawsuits is something that has a substantial affect on the rail industry and is on topic.
Every two or three months when the topic of lawsuits comes up, I hear some one bring up the McDonald’s hot coffee incident.
(1) You, as citizens, have every right to criticize and debate the decisions of your judiciary, and I applaud that effort—and hope you don’t stop thinking about the affect of lawsuits on society.
(2) But, something I don’t get: Am I the only person who feels that when you are a company and have your employees hand someone a cup of liquid so hot that it is capable of causing 3rd degree burns you have a duty to warn the person that it is hot? This poor woman got 3rd Degree burns—between her legs—because of McDonald’s failure to take this reasonable precaution. I just don’t understand why it should be so obvious that this suit was frivolous.
One may—rationally—argue that her seven-million dollar judgment was ridiculous. I agree. By the way, it was reduced to one million on appeal. That might still be ridiculous to you, but that is the amount not the suit itself.
The probelm with teh US is we produce so many lawyers a year and they all need something to do. The easiest thing for them to do is go after companies and take 1/3 of what ever their “victom” wins. When I had a Fatal accident in 1996 the Attorney contacted the family BEFORE the police did to let the wife know her husband had been killed. This smae Attorney was able to by going to a certain judge able to keep the autopsy toxicology report from being admitted as evidence. The guy who hit me had a BAC of .16 twice the legal limit. THe state police said his speed at point of impact was 75 and the speed limit was 45. Now don’t get me going about frivolous lawsuits.
I suppose fast food drive up windows should be required to issue a verbal warning not to eat while driving or else be held liable for accidents caused by drivers who were trying to unwrap their double quarter pounder with cheese or their new tender crisp bacon cheddar ranch?
I’ve heard that eating while driving causes more accidents than cell phoning while driving. Perhaps if I poke myself in the eye with the plastic forks they give out, I could sue them for not telling me that the forks are pointy.
… or you could sue them because they did not warn you that their triple quarter pounder with super-size french fries and a DIET Coke would make you obese…[:D]
You really should have turned that attorney in. I don’t know what State you live in, but most State’s attorney professional conduct rules prohibit attorneys from contacting a victim in person–especially when they are in an emotional state. The attorney should have been disbared.
I think your sarcasm answers your own question. Everyone knows that eating and driving is dangerous–also you are the one doing it and the responsible party.
Before the lawsuit, I didn’t know that I would lose my ability to have children if I spilled McDonalds coffee between my legs. Also, eating and driving is a danger you are voluntarily taking yourself.
I think this is an interesting conversation and ties right in with the UP/Omaha World Herald article (see other posting)
While working in a restaurant, one customer wanted his coffee microwaved so it was boiling when it came to the table. Another complained they had to use ice cubes to cool it.
I think anyone that puts a cup of coffe that is supposed to be hot between your legs and attempts to operate at least a gas pedal and a brake pedal w/o dumping the coffee, deserves whatever the end result is. Makes me wonder if she would put her donut/burger or fries there, too!
But we are a nation of “let’s go for the deep pockets.” UP/Mickey D’s =deep pockets. Add the unscrupulous attorney that would sue on the most ridiculous grounds! (see the posting we can’t talk about - trespassing and then want to sue for violation of 1st amendment rights!) I personally adore my attorney, but he seems to have taken the common sense course in law school.
I don’t entirely disagree with you–as I am not about to put hot coffee between my legs for neither love nor money. In the same breath, I wouldn’t expect it to be so hot as to give me third-degre burns.
I also don’t disagree with you about the unscrupulous part of attorneys–but lest not forget, the clients are the ones directing the attorneys.
The deep pockets thing is a problem though. Fact of the matter is, if you are rich you are more likely to have someone find a way to sue you. The reality is, we all pay for this as our insurance premiums go up, the price of goods go up because it costs more to transport them, and the price of services go up as these big pockets have to raise prices to offset their lawsuits.
Gabe he was turned in by my insurance company after they found out when he notified the wife but not til after the case was settled he was disbarred after the case but alot of good it did me. Four years later I devloped a disablitating conditon called epilepsy and can no longer even drive.
When I heard about this case,I naturally formed the opinion “what an idiot,what a waste of time”.Of course,that was easy considering I had no further details about the situation.So,after all these years I was informed of certain key details that shed a light on why this even got to court…seems the unfortunate lady was somehow privy to certain internal documents stating to the effect that the coffee should be served so hot that people would have to set it aside to cool until they were done eating,therefore not returning to the counter for the second (free) cup…of course the drive-thru customers would get their coffee from the same machine…makes you wonder…
Everyone knows that you might get a lousy cup of coffee from McDonalds; I certainly didn’t know that I could get 3rd degree burns from it. If it were a mild burn, I would agree with you. Everyone knows you can get a mild burn from coffee; not everyone knows that it is intentionally served so hot that it would give you a 3rd degree burn.
I assume I’m the inspiration for this last post. To me, it’s common knowledge that coffee is a hot beverage, capable of producing third degree burns. If we dismiss that, where do cut off the common knowledge barrier? I do a lot of mountain climbing in Colorado. Suppose I climb Uncompahgre Peak (which I have), go to the edge to check out the 800+ foot drop (which I have), and manage to fall off the mountain in the process (which I have not [8D]). Now, let’s suppose I survive the fall (possible, but really not probable). Should I be able to sue the State of Colorado for not posting a warning that gravity was in effect at the edge of the mountain, and could cause injury or death?
I just detest the fact that personal responsibilty is no longer personal. Every chance we get to exploit someone else fiscally due to this shift in responsibilty, we seem to take it. The McDonald’s lawsuit to me is the paradigm for the new wave of lawsuits. Hence my reference to it.
Yeah, you are the inspiration, and I don’t mean this post as an insult to you at all. I admire your interest in your judicial system.
I guess the sole difference among our opinions is that everyone should know that coffee can cause a 3rd degree burn. I didn’t know that. I also agree with your personal responsibility argument. But people have to know of dangers before they can avoid them responsibly.
No offense was taken Gabe. Likewise, I admire your participation in our legal system, and the good principles you take with you into the courtroom.
Granted, the third degree burn issue is important. Coffee really shouldn’t be that hot. How on earth can one drink it without burning the lips, mouth, esophagus, etc? At the same time, if I had coffee that hot in my possession, I think even in an insulated cup I would be able to tell. I also think that I would know not to drive with it between my legs.
Just for curiosity, do you know how much the lady won from the suit? I can’t remember the total, but I kind of remember it being above what any possible hospital bills would be. Just how much does McDonald’s have to cover to ease emotional suffering, etc. I still can’t see them as totally responsible.