hell, look at can of soup now
they actually had to put in the instruction to "open can"
how ******* stupid must one be to not already KNOW that
I'm still in shock over the lady who burnt her lap with
hot coffee from a drive thru ... WTF?
Yes, I'm totally with you on that Kitt.
The Actual Facts about the Mcdonalds' Coffee Case
There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding --
capable of almost instantaneous destruction of skin, flesh
and muscle. Here's the whole story.
Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee in
February 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonalds.
After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed
the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered
full
thickness burns (or third-degree burns) over 6 percent of her body, including her
inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.
During discovery, McDonalds produced documents showing more than
700 claims by people burned by its coffee between 1982 and 1992.
Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard.
McDonalds also said during discovery that,
based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and
coffee served at home is generally 135 to 140 degrees.
Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185
degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above,
and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups,
was not fit for consumption because it would burn
the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that
McDonalds had no intention of reducing the "holding temperature" of its coffee.
Plaintiffs' expert, a scholar in thermodynamics applied to human skin burns, testified that
liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds.
----
The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages, which
equals about two days of McDonalds' coffee sales.
The trial court subsequently reduced the punitive award to $480,000 -- or three times compensatory damages -- even though the judge called McDonalds' conduct reckless, callous and willful.
No one will ever know the final ending to this case.
The parties eventually entered into a secret settlement which has never been revealed to the public