JerrySambrook
Member
Who is John Galt?
I am just finishing up the book now. Atlas Shrugged.
Most of the book is real good, but the last 300 pages just suck.
Jerry
Who is John Galt?
But is it reasonably foreseeable that scalding hot coffee, intentionally prepared to be far in excess of the temperature that humans can tolerate, might burn someone who is driving with a cup of it in their car (purchased from a drive-in window)?
Ok, I'm off my soap box.
In some professions, 99.5% of the members give the other 0.5% a bad name.
I read Atlas Shrugged a few years back when I was about 18.I am just finishing up the book now. Atlas Shrugged.
Most of the book is real good, but the last 300 pages just suck.
Jerry
But I suppose it is simpler to just bash lawyers
In the spirit of a friendly exchange of ideas, here are some responses to Jerry's post:
1) Coffee does not brew below 170 degrees. It is brewed at over 180 but less than boiling. Because of thermal loss the temp may be at 185, but thermal loss will have the water at only 170.
The case was not about the temperature at which the coffee is brewed, it was about the temperature at which the coffee was served. We can debate it, but you have to read the facts in the case which are available on the internet. It was not a case of McDonalds simply brewing coffee, serving it at normal temperature, and some idiot dumping it in her lap. Again, you have to read the facts that were developed in the case to be informed about it.
The original comment was about coffee preparation, not the susequent storage before being consumed. This reply to my comment is a twist to the original statement
2) If the scalding issue is so, then we should not be able to boil water at home either. Most people can get scalded a little above 135 degrees. This is why "scald-proof" shower faucets and valves are made for 135 degrees
The case was not about what you can do at home. If you want to boil water at home and pour it over your head, you are free to do so. The case is about a consumer going to a restaurant, being served a product, and being injured. Those of you who believe that the consumer should be entirely at his own risk in all instances are entitled to your belief, I suppose, but that's not the law in any state in this country.
Again, the initial post made comment about things that the human can or cannot normally tolerate. The reply to my rebuff is once again twisting what was originally said into a statement to fit what was later meant to be said
3) If we have to take in every foreseeable item, then almost all of us should be banned from driving, because we have either had accidents, close calls, road rage, or some other form of "foreseeable" intervention.
Sorry, but this doesn't make a lick of sense to me. You driving your car has nothing to do with a manufacturer of a product taking reasonable precautions to make those products safe for the intended user.
The original post made reference to something "reasonably forseeable", and when cars and steam buggys, etc were first created, this was a foreseeable item way back then, what makes it not forseeable now. The only way to cure this is to ban everything that can forseeably happen, or be a cause or effect, or side effect of everything foreseeable.
Putting coffee between ones legs in a collapsable cup with a removable lid should not be considered reasonable, because it is not a reasonable action.
This is not meant as a personal attack, but being a lawyer, one is typically schooled or trained to have reactionary impulses to help further the organization you belong to.
It's actually exactly the opposite. Lawyers are not trained to have emotional, reactionary impulses. They are trained to look at the circumstances from every possible angle, gather facts, and then present the facts in a coherent manner to support a legal position. A non-lawyer (or a poor lawyer) hears that a lady spilled coffee in her own lap and sued McDonalds and then jumps to conclusions about who is right or wrong. Again, the facts of that particular case are widely available on the internet. You can read the facts and still conclude that the lady was wrong to sue McDonalds, but you should first know and understand the facts that the jury and appellate court considered in making their decisions.
The McDonalds case is a good "law and society" type of case because it highlights a lot of conflicting interests that we have (or at least that some of us have). Some of you guys write as if you don't care a whit if someone is injured, but by and large our society does care about protecting consumers. In the real world, most lawsuits are not about someone trying to grab the brass ring or hit the jackpot. Some are, but not most. There are entire treatises and law school courses devoted to trying to figure out fair standards for awarding damages to people who are injured through the fault of others and it is often very complicated. But I suppose it is simpler to just bash lawyers and pretend like anyone who brings a lawsuit is just doing it to get rich off of some company.
Ha ha!! In the coffee case, here's the whole problem right here:
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.
Hot or not, if you put a styrofoam cup full of anything between your knees, chances are, it's going to spill!!!
Jason,
Please go back and read the whole post again, and the highlighted areas.
My reposts and repudiations are only to show that we need to be more responsible for our own actions. If not, then we as a society should not be allowed to have anything, or do anything
Thanks
Jerry
p.s. You coming down to Bad Dog next wekend?
As they used to say on The Price is Right:
"COME ON DOWN"
Sweet! Is there anything you need me to bring?
Last one in brings the beer :tongue:
Glycerine, this isn't aimed at you personally, it's just that this is a good reference point. Not to belabor the McDonalds topic, but SHE DIDN'T SUE BECAUSE SHE SPILLED COFFEE ON HERSELF!!!! She sued because the coffee was so hot it caused THIRD DEGREE BURNS!!! She didn't get scalded by the coffee. The coffee was so hot, it destroyed the skin and muscle that it came in contact with.
Try this: Brew a fresh pot of coffee. As soon as it's done, take the entire pot and pour it in your lap. Will it hurt? Sure. Will it cause third degree burns? No. Third degree burns are about as bad as it gets, folks. Even if she's not too bright for putting a styrofoam cup between her knees, coffee shouldn't cause third degree burns. If the coffee had been served at an appropriate temperature, she could have poured the cup in her lap intentionally and the worst that would have happened is she would have had a sensitive lap for a few days. The "whole problem" is that McDonalds knew that it's coffee shouldn't be served at a temperature that causes third degree burns to human flesh, but still served it at that temperature anyway. That's negligence, pure and simple. Scalding is one thing, third degree burns are quite a bit more severe.
As this applies to the topic of this thread: I think we can all agree that it wasn't the manufacturer's fault the guy cut himself. But, for the sake of argument, manufacturers are responsible to ensure operator safety if their saws are used properly. No doubt it was likely the guy's own fault, but the fact remains that even if a table saw is used properly, serious injury can occur. Saw manufacturers will adamantly deny that fact. Nevertheless, they are responsible to address those safety concerns. If the saw is not being used properly, ie operator stupidity, than of course they shouldn't be held liable.
In my not-even-close-to-professional opinion, that's probably not the case with this...um...case, but from that article, we know next to nothing as far as the details go so it's all speculation anyway.
Yes, I understand your point and understand the lawsuit, but my point was that it could have all been prevented by her not trying to take the lid off with it being between her legs. I agree that the coffee was tooooooo hot.
But on the other hand, that's almost like saying the guy who cut his fungers on the table saw did not sue because he cut himself, but instead because the blade was too sharp.
Hot it hot, sharp is sharp. In both cases, it was the action by the person who sued that caused the accident. I agree in the coffee situation, the accident was a whole lot worse because of the temperature of the coffee, but the spilling was still her fault.
Things with sharp teeth eat meat.
Tools have sharp teeth.
People are made of meat.
Point taken. What are fungers? :tongue:
I would say that these two cases differ in that table saw blades are meant to be sharp in order to function properly, however, coffee is not normally or safely served at 180 degrees. In fact, if a table saw's blade is dull, it's significantly more dangerous than a sharp blade. There is nothing wrong with a sharp blade, but there is something wrong with coffee hot enough to cause 3rd degree burns. The fact that McDonalds knew the coffee was dangerously hot and ignored it is also important.
I think we all can agree that it certainly was entirely her fault that the coffee spilled in her lap and that was certainly stupid. What if she had been holding the cup in her hand and the car hit a bump spilling the coffee on her hand or arm, wouldn't she still have been seriously burned? Better yet, what if she had simply taken a sip and suffered 3rd degree burns to her lips or mouth? At some point in our lives, everyone who drinks coffee has spilled it on themselves. Is it reasonable for us to expect 3rd degree burns!? To me it's not reasonable to expect we should take that risk drinking coffee, for goodness sake, lol. How she suffered the burns really isn't relevant. This would never have been an issue if not for the 3rd degree burns. That's what it all hinges on. If she had just been scalded, I doubt the case would have seen the light of day.
The difference with the table saw accident is there really wasn't anything wrong with the saw. Could the manufacturer have incorporated existing technology to virtually eliminate the risk of serious injury? Sure. But I can agree that the blame for the accident rests on the operator.
Fungers are fingers that can't type on a keyboard... which is what I have.
My take on this is that the "whole problem" is you really shouldn't be drinking anything while driving. People in general can't drive worth a hill of beans and darn sure can't talk on a phone and drive. You can spot them in a heartbeat. Yes I do both.
Isn't that what McDonalds is aiming at with a drive through? It's reasonably foreseeable that people are going to be drinking coffee while driving their cars, especially since part of their marketing plan was selling coffee to people in their cars. I'm just sayin'.
Drive throughs were created for the convenience of people, so they did not have to get out of the car to wait in a line. Or so they did not have to unload the car and go thrrough the store with a bunch of kids in tow. Typically, drive-up service is quicker, and lessens the need for a larger parking area. Lastly, drive up also lessens the need for a larger resteraunt as well, because those people will not be coming in to take up space while being served, or waiting for food.
If it was so the consumer could eat and drive, then there would be no drive-up licquor stores, because the hypothisis would be that it is ok to drink and drive. Yet, the drive-up licquor stores exist.
Hmmmm; IIRC Loiusiana allows open containers in the vehicle and passengers can drink alcohol.Except it's illegal to drink liquor and drive.
The biggest problem I have is imposing safety standards on manufacturers whose products meet standards they believe are reasonable, and who honestly EXPLAIN the dangers to potential users....a manufacturer of a product taking reasonable precautions to make those products safe for the intended user.
...The McDonalds case is a good "law and society" type of case because it highlights a lot of conflicting interests that we have (or at least that some of us have). Some of you guys write as if you don't care a whit if someone is injured, but by and large our society does care about protecting consumers...
Better yet, we can use the lawyers to push our material through our saws, at least they will be useful.
Better yet, we can use the lawyers to push our material through our saws, at least they will be useful.