Hot Coffee Burns Again.
I think some people must have missed the lesson as a child that hot liquids can burn if you spill them.
I found it comical when the old lady sued McDonald’s over being burnt by their coffee and won millions. In fact, it was so ludicrous that Seinfeld had an episode devoted to the idea. If you remember, Kramer burnt himself with hot coffee, sued, but was tricked into settling for a lifetime of free coffee.
Once again some, ah lets say “idiot”, is suing because he spilled hot coffee on his leg and it caused third degree burns in Ft. Knox, Kentucky.
Isn’t coffee supposed to be piping hot? I mean if it wasn’t, could you imaging the complaining customers? Especially in December which is when this incident occurred. Why do some people not understand this?
It is a sad state of affairs in the USA as people no longer want to take responsibility for their own actions, but instead sue someone else for their own lack of good common sense in hopes of making a quick buck.
I hope the judge that hears this case will have enough wisdom to throw it out or before long we will all be drinking lukewarm joe.
13 Comments
i happen to work for a coffee shop, and it is a STANDARD that we put a lid securely on top of the cup, every time. AND the hottest beverage we have is 200 degrees. ALMOST BOILING. and believe me, myself and every single one of my coworkers has spilled 200 degree water on ourselves. and to my knowledge none have recieved 3rd degree burns. so what the hell was this guy drinking? i have horrible skin, so it’s not like we’re all supernaturally immune to burns..
it hurts a bit, but seriously, get over yourself “3rd degree burns” were NOT from regular brewed coffee.
and to calm critics no i don’t work for an indie shop, similar to starbucks (but much much better)
The key here is – in both the original McDonald’s case and apparently in the new one – is that the high-temperature coffee was spilled on clothing that could not be removed quickly (unlike spilling liquid on bare skin which can be wiped off quickly.) The wet clothing clings to the skin, causing the injury.
To say that everyone who buys coffee assumes the risk that, if they spill it on their leg or lap, they may require skin grafts is ridiculous. If I buy ammunition for my shotgun, I know it is designed to explode, but I don’t expect it to go off if I drop the box in the parking lot.
Just for the record, I received a coffee burn in college, although it was “only” a bad second-degree burn and no grafts were required. Someone who had just gotten a cup of coffee was walking by my tabled and got bumped, spilling it directly between my shoulder blades. A blister about 5 inches across formed immediately and I got free medical attention from the college over the course of several weeks.
I think that we should learn from these coffee spilling incidents..and just start drinking energy drinks..they taste better anyway..and java monsters aren’t half bad
I’m sorry, but since the McDonald’s incident, there have been warning labels on EVERY coffee cup to protect from law suits. Give it up. Find something worth while to sue for.
Probably be better off suing his own mom for raising such a fool.
“It is a sad state of affairs in the USA as people no longer want to take responsibility for their own actions”
You mean like serving superheated beverages?
The part about the “old lady” who sued McDonalds was that she had to get a massive amount restorative surgery (e.g., skin grafts to her crotch) done on account of how hot they served the coffee. That’s the reason she was able to sue at all–because she had serious medical expenses, and since in the US we allow litigation over pain and suffering on top of demonstrated damages, in this case her medical bill.
If we get in a tizzy an excess award for the intagible component, we’re missing the point: thermometers are cheap, automatic water heaters are cheap, and it’s okay to have a gov’t mandate saying that you can’t serve coffee over x degrees, since McDonald’s already has else quantified and down to a science. Starbucks has already figured out ideal temperatures, average time before it’s “too cold” etc: McDonalds already does this with their grills (come on, they have calibrated their cooking temperatures and times to kill fecal bacteria in the meat) This isn’t an undue burden or rocket science–it’s fast food 101.
[...] People are stupid, but beware your kids and coffee [...]
In addition to all the points above about the McD’s case, not only was the coffee served too hot, but it was done so in violation of McD’s internal policy AND there had been prior complaints at this particular store.
This case is often cited an example of s frivolous lawsuit, and on the face of seems perfect. But when the facts are heard, it quickly becomes obvious that this is EXACTLY the kind of liability litigation that should be encouraged. It is also a perfect example of why cases should not be “tried” in the press where facts can easily be selectively dismissed by people who have something else on their agenda, like newpaper sales.
If you want to make a case against frivolous lawsuits, there are enough examples to choose from, but this is NOT one.
Coffee is hot.
You should be careful to not spill it on yourself.
If you do spill it the burn (however bad it is) should tech you that you lack the skills to handle such a dangerous substance.
You should also not get drunk and try to jump over a campfire; as it is also dangerous.
Gain some common sense.
I cannot believe people are so ridiculous as to back this woman. Or that the argument continues to this day. Coffee = hot. Anyone with half a brain knows that. If the coffee is too hot, you let it cool down, especially if you lack the motor skills to properly hold a cup. Then you drink and enjoy. And no worries about the skin grafts to her–ah, crotch–since with an attitude like that she probably wasn’t getting action anyway.
Anyway, why would ANYONE put a cup between their legs, as opposed to putting it in a cup HOLDER (The name gives it away).
So it happened again last week in San Antonio, Tx. The way this happened is that the clerk did not put the lip on securely and handed the cup where her hand would allow the customer in the drive through to have to get it from the lid. By the time the cup was into the car it was all over the woman’s lap and caused second degree burns. I am sorry but here it is where the server is at fault for not placing the lid on correctly and then not handing the cup properly to the customer. It would be smarter to hand the coffee to the customer in a cup if possible. Selah!!!
Oh, come _on_, that’s a false dichotomy – there’s a lot of room between “luke warm” and “so hot it’ll cause _third_-degree burns”.
I don’t know any of the specifics in this case, so I can’t and won’t comment on whether this has merit or not, but to blindly dismiss _any_ complaint out of principle by saying that people should just be responsible for their own actions makes just as little sense as always siding with the plaintiff in cases like this.
I hope the judge that hears this case will have enough wisdom to actually look at it, consider everything and come to a fair verdict.
(Incidentally, if people are supposed to take responsibility for their own actions, doesn’t that go for the vendor, too? Shouldn’t you be saying “tough luck, you’re responsible for your own actions – if you didn’t want to get sued, you shouldn’t have served scalding hot coffee”? I’m not saying you should say that, but your argument seems to cut both ways, anyway.)