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ESPN: Fan Sues Cowboys After Burning Butt on Bench


jwpanic

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What's more disgusting is pathetic coward judges who think they are "legally entitled" to a sign. You can't put a f-ing warning sign everywhere for common sense. You want to know why today's society doesn't give a damn about anything they do wrong, because they're taught that it's always someone else's fault. If I was the judge I'd toss this joke lawsuit out and tell her to get out of my court room.

Best sign of all time "Not responsible for the theft or lost belongings." So i guess these places have a license to steal.

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She would have to be huge and probably diabetic to not notice her ass was in the process of being served up fajita-style. There's no way she just touched cheeks to bench for a moment before realizing it was too hot. She was sitting there for a while, probably only moving when she smelled herself roasting.

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I don't know all the details but typically if you provide seating that seating shouldn't harm visitors. It's not like she sat on a trash bag full of glass. She sat on a bench and it cooked her ass. Not saying she should get a ton of money but a kid could get seriously injured if your provided seating is cooking people.

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If you knew all the facts of that particular case you might have a slightly different opinion.

not intending to hijack, just curious if you (or someone else) could briefly post the main part of her case that appears to clinch it.

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not intending to hijack, just curious if you (or someone else) could briefly post the main part of her case that appears to clinch it.

Here is what happened. Stella Lieback was in the passenger seat of her car, being driven by her grandson. They went to the drive through and bought food. Her grandson pulled into a parking slot so Lieback could prepare her coffee. She wedged it between her thighs (like a good number of peple do) and pulled off the lid. The cup collasped, and coffee, held at a temp of 180 degrees, soaked into her sweatpants in the area around her groin and thighs. Before she could pull away the pants, she was severly burned. At the hospital, she sustained 3rd degree burns over 6% of her body. You probably know how wet sweatpants stick to skin, so you can imagine what happened.

That is the background for the injury. Liebeck sustained medical bills that totalled close to $30,000.00 She asked McDonald's to pay those medical expenses, nothing more. McDonald's refused. At that juncture, Liebeck retained an attorney and filed suit against McDonald's corporation, alleging negligence.

McDonald's basically shot themselves in the foot during the trial, being caught in a number of lies:

1. McDonald's claimed that research showed that customers liked their coffee hot, and that the optimal temp for tasty coffee was 180 degrees. However, one of their quality control engineers testified that taste testing done with the public showed no customer preference between coffee held at 160 degrees as opposed to 180 degrees.

2. McDonald's introduced testimony to the effect that 75% of people who buy food at the drive through wait to go home before consuming the food. However, when a member of their public research team was on the stand, that person admitted that the number should be reversed, and that a little over 75% of poeple actually begin to consume food items in the car.

3. McDonalds tried to hide the fact that during a ten-year period, over 700 lawsuits were filed against McDonalds, alleging injury due to hot coffee. All were either dismissed or, in most cases, settled out of court. This showed that McDonalds knew there was a potential safety risk in handing out coffee at such a high temp, but did nothing to protect consumers. Some of these cases occured because the coffee was so hot that the cup collasped when the customers simply tried to pry the cup from the cup carrier.

4. Evidence was introduced that if the temp of the coffee was 20 degrees cooler, the severity of the injury would have been less. At 40 degrees cooler (140 degrees, still hot), the likehood of such a severe injury was practically zero. The chain's quality control manager testified that the sale of any food over 140 degrees creates a burn hazard.

5. One of McDonald's execs let slip a phrase that probably angered the jury, when he called Lieback a "near-senile old lady."

The jury awarded Liebeck $160,000 in compensatory damages (finding her 20% at fault--she wanted $200,000) and $2.7 million in punitive damages, the equivalent of two days of the chain's coffee sales. The trial judge reduced the amount of punitive damages to $480,000 for a total of $640,000. Both sides then went aside and would eventually come to an agreement that was kept secret.

Now, since one of my friends worked at the law firm that handled the case, I know what the settlement really was. McDonalds came up and above what the judge said with the agreement that Liebeck simply go away and never put this back out in the media. I will tell you that the law firm received about 50% of the final award in legal fees and services.

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wow...^^^thanks for the "insider" view.

One thing I know from being in the food biz for 30 years...restaurant coffee is a whole lot hotter than what I can make in my Mr. Coffee. I can drink what I make at home right after pouring the cup, vs. having to wait a few minutes (sometimes longer) for restaurant coffee to cool a little.

People, make wise choices when you have to mobilize your order. I'm sure Ms. Liebeck's winning lawsuit made her life more comfortable, but I'd be willing to bet she wishes she'd never put the cup between her legs, the result being extremely painful.

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thanks, brdawk.

i actually found the wiki page for the case after i posted. i'm one of those people that generally thinks that coffee from mcdonalds is far too hot for me to drink immediately. that said, i'm not yet convinced that they should have been sued.

what i got out of the case was, basically, that any restaurant would be in danger of being sued if they serve any food above the 'danger' temperature (whatever that temperature actually is, since there seems to be so much disagreement about it), simply because people could spill the food/drink on themselves.

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We have a patio where I work. When folks eat outside, and tell me they'd like their food remade because a bug flew into their plate (keep in mind this is Georgia, bugs are everywhere), I remove the plate and have it remade. But you should see the eye-rolling going on with the kitchen crew.

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thanks, brdawk.

i actually found the wiki page for the case after i posted. i'm one of those people that generally thinks that coffee from mcdonalds is far too hot for me to drink immediately. that said, i'm not yet convinced that they should have been sued.

what i got out of the case was, basically, that any restaurant would be in danger of being sued if they serve any food above the 'danger' temperature (whatever that temperature actually is, since there seems to be so much disagreement about it), simply because people could spill the food/drink on themselves.

It's not that the restaurant would be in trouble simply because people spill food or drink on themselves, but rather that a restaurant knew of such a hazard but did nothing to mitigate the possibility of an injury due to such an accident. Notice today that there are far fewer styrofoam cups than there were 30 years ago. Now there are hazard warnings on many waxed paper cups designed to hold hot liquids or foods. Almost all chains have lowered the temp of their coffee. Courts have ruled that not providing any safety measures constitutes negligence on their part.

As for the Dallass fan burning herself on a seat...I have to believe that someone will want to know how long she sat on that seat, and when did she notice how hot it was. If she sat on that seat for a minute or so before moving, well, she either is just plain stupid or has one fat insulating *****, lol. I suppose some lawyer can argue that whoever was in charge of such seating should have forseen the possibility of such an accident, but whether or not that would fly in court depends on the court in question.

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I hear ya. I'm just not sure there's any extra responsibility on the part of mcdonalds outside of ensuring their cups don't self destruct. I'm still not able to get past the "some 79 year old woman put coffee between her legs and spilled it so mcdonalds has to pay my medical bill". At the end of the day, coffee is hot and she spilled it.

Id stll like to see the "hot coffee" movie. I love a good "things aren't what they seem" flick. I'm far from convinced this is it at the moment.

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I will tell you that the law firm received about 50% of the final award in legal fees and services.

That's the real crime.

But as a defense lawyer for McDonalds, I would have emphasized that the woman "took the top off" making the coffee more dangerous to spill. Leave the top on and may only a little spills out.

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