The lady was a total dork, right off the bat. If I remember she was holding the coffee between her legs, maybe putting on makup and talking on a cell phone too! All the while the kids were making a fuss and she was in a hurry as the kids were late for school and she was going to late for work too?

Yes uncalled for. But so are 99.9% of this type of lawsuit! They are filed for the benefit of the attorney filing NOT for the plantif!

Tort reform is needed in this country! The citizens will NEVER get it as long as we allow attorneys to be our members of congress! I’ll add term limitations to that also. We also need a real fair taxing system in this country. like the fairtax bill.

I’m very new here, but such is a constant from my fingers anyplace that will allow it.

ciao..

If you can know my argument is based on capitulation to McDonald’s Corporation spin, then I can know the motivation behind the lawsuit.

I base my statement that customers prefer hot coffee on the fact that coffee is made hot and we insulate it to keep it hot and we dump it out when it gets lukewarm. If the coffee was at a temperature they disliked, customers would go elsewhere. The National Coffee Association says that McDonald’s coffee conforms to industry standards, and a spokesman for Mr. Coffee, the coffee machine maker, says that customer complaints indicate that most consumers would prefer the coffee even hotter. When it’s hotter it tastes better and gives off a better aroma.

My company provided the coffee and made it hot for me this morning, just like McDonald’s did for her. We both spilled it on ourselves.

I did not say conservatives do not file frivolous lawsuits. I said liberals want to blame others for their problems. Conservative emphasize personal responsibility while liberals look to others for solutions instead of taking responsibility for their own actions. The American Trial Lawyer Association contributes heavily to the Democratic Party and very little to the Republican party. The ATLA also supports the McDonald’s verdict and offers strategies on tailoring your own lawsuit after the McDonald’s case to be as successful, while conservatives such as the Wall Street Journal and Overlawyered.com support tort reform to inhibit the ATLA from making money suing businesses.

It’s not a big jump to assume that most people that support the McDonald’s lawsuit are liberals.

How do you know what the motivation behind the lawsuit was? Do you think the sum she asked for in her suit was exhorbitant and would result in her becoming rich or represent a significant drain on McDonald’s financial stability?

Your argument is full of assumptions like “McDonald’s customers prefer their coffee hot.” Upon what do you base that statement? Do you think there are no temperatures between “causes third-degree burns” and “lukewarm”?

In answer to your question, you should sue yourself, since you made and served the coffee. And since the jury did not ignore Ms Liebeck’s own culpability in the case, your last point isn’t one.

I’ll state emphatically that my opinion is not based on McDonald’s “spin.” I can safely assume they objected to the lawsuit, but my objection is based on the merits. Liberals want to blame others for their own actions, and if they can get corporate dollars, yippee. The lawsuit was the result of a desire to get rich and “stick it to the man.”

The knife comparison is valid. McDonald’s customers prefer their coffee hot. Consumers should expect that coffee can and will approach boiling temperature since the boiled water is used in the process. Lukewarm coffee is not appealing. In other word, McDonald’s served their coffee in a way that their customers expect and were sued because of a customer’s ineptitude. Coffee is supposed to be served hot.

Oddly enough, I poured coffee for myself this morning at work, then bumped into the door frame. Coffee sloshed out and gave me a nice little 1st degree burn on the webbing of my hand between my thumb and forefinger. Who should I sue?

My thought is that a) I expected and desired for the coffee to be hot, and b) my own clumsiness got me burned. If I sued for $1 or $2.9 million makes no difference, the lawsuit is still frivolous because it ignores my own culpability in mishandling a product.

Also, not sure why you’re bringing up the amount awarded again, since the amount awarded by the jury was immediately reduced. I’ve already acknowledged that amount was excessive; the amount also has nothing to do with the merit of the case itself.

Thirdly, I simply disagree with the “fundamental flaws” of the case you copied from the Overlawyered website. They are either not flaws, or irrelevant to the merit of the case.

Sean – I don’t see the connection. I’ve already stated that I am against frivolous lawsuits. I agree that liability insurance is out of control and puts unneccessary strain on business. I also believe Michael chose a poor example to make his point by citing the Stella Liebeck case.

Please stay out of any of my buildings.

I am liable for faulty design for period of ten years, since I last visited the building (based on court rulings). Read that again. If I visit Mike’s kitchen tomorrow, then the ten year clock starts anew.

Mike, please keep your kitchen floors clean and not slippery.

This is ridiculous. For a small firm such as us, with no suits against us, our professional liability insurance runs as high as 2.6% of revenues. For structural engineers, it runs about 6%. Add general liability, and property and its 2.9%. To us, this amount represents the difference between profit and loss for the year. Try lugging that load.

By your logic, every knife company is liable for millions of dollars unless they dull their blades and write, “caution: blade may be sharp” on it. The actual dollar amount would be based on the number of knives sold and not the minor injuries suffered.

One could possible make the argument that the cup was defective and failed to insulate against burns, but that wasn’t the lawsuit that was filed. McDonald’s was basically held liable because they have a lot of money.