-=d=- said:...but nobody got $6,000,000. She got $480,000 or LESS....for TWO YEARS of recovery...skin-grafs my good friend. We're talking severe damage. We're talking about a company who had recorded evidence that their product container and/or product could damage people.
(shrug).
Except they put it at a temp that was actually cooler than the average adult likes it.
Once again, you are getting one side of the story in these opinion pieces and I simply still disagree. In this case in particular, the average temp people enjoy coffee as shown in the second story is 95 celcius. McD's sold it slightly less than that. When I buy coffee I know that if it is good it is hot and slightly dangerous, if I spilled it on myself I would not even have thought of suing. I took the danger on myself by ordering a product that, if made correctly, will be dangerous if I spill it on myself. I prefer to get my coffee hot and take some danger on myself than to get it tepid and be safe.
Because of this ruling I now do not order their coffee because I know it will be tepid. I get less enjoyment from my visit to their establishments because I now order a drink that is less "breakfast" and more "lunch or dinner" type of a drink because I know their coffee is now of less quality because people are unwilling to take on the responsibility of putting themselves in danger when ordering a product that is somewhat of a danger when made correctly.
In this case I would let "buyer beware" be the rule of the day and allow the company to serve a product that they know more people will like and allow for the fact that almost everybody knows that it is hot and slightly dangerous and took upon themselves the responsibility when ordering the product.
Just as with cigarettes, people who use the product correctly know they are taking danger upon themselves and that they can get cancer etc. when using the product correctly. I think it is more reasonable to assume that they knew the danger and willingly accepted it in order to get what they wanted when ordering than it is to think that people are shocked that the coffee is hotter than their skin will take if accidentally spilled on themselves.