5 ms·
You have been and taken in by propaganda. Please take the time to read the wikipedia article that the other commenter linked, and learn the truth about this inc
by SkittyDog 5y ago
You have been and taken in by propaganda. Please take the time to read the wikipedia article that the other commenter linked, and learn the truth about this incident. You deserve better than to continue having the wool pulled over your eyes.
- nate_meurer 5y agoPay special attention to the "Coffee Temperature" section: > "Since Liebeck, McDonald's has not reduced the service temperature of its coffee. McDonald's current policy is to serve coffee at 176–194 °F (80–90 °C),[37] relying on more sternly worded warnings on cups made of rigid foam to avoid future liability" In other words, Stella's lawsuit was sort of a one-off success for aspiring hot-coffee lawyers, and the only effect it had in the long run was maybe a few more warning labels on paper cups.
- SkittyDog 5y agoSo you actually quoted the part where it mentions improving their cups... And then you seem to have completely ignored it in your own commentary. Redesigning the cups with more rigid foam (and the plastic lid lip IIRC) was a pretty big deal at the time, and it made a significant impact on the possibility of spilling. But the bigger problem is that you're still ignoring that your mind has been captured by the propaganda that demonized this woman as a greedy opportunist, and cast our tort system as a lottery for lazy, evil people to enrich themselves at the expense of honest hard-working businesses. The woman asked that McDonald's pay her medical damages, only... And those damages were extensive... Can you even imagine how much surgery is required to treat 3rd degree burns to the genitals? Major skin grafts, permanent horrific scarring. You'd never regain full sensation again, and it's likely you'd never fully function sexually afterwards. The jury decided to award massive punitive damages, in large part because they felt that McDonald's conduct after the injury was so shocking that they felt compelled to send an equally attention-getting message to the corporate executives who had treated this woman with such callous inhumanity. And the punitive damages were reduced on appeal, anyway, which shows that the tort system does work. McDonald's paid their lawyers more than they paid the defendant... And they would have only paid a tiny fraction of that amount, if only they had evolved a bit of conscience at the beginning.
- nate_meurer 5y agoNo, the changes that McDonalds implemented in their cups were not really a big deal. Rigid styrofoam and cups were already in widespread use at large establishments at the time. McDonalds' "redesigned" cups were and continue to be quite pedestrian. Don't take my word for it. Go order a cup of McDonalds coffee, which will likely be served to you at the same dangerously hot, NCA-approved temperature that burned Stella, put the cup between your legs and squeeze it like Stella did, and tell me how safe you feel. > But the bigger problem is that you're still ignoring that your mind has been captured by the propaganda that demonized this woman as a greedy opportunist No, in my comments I have explicitly stated that I empathized with Stella and that I'm glad she got her medical bills paid. She didn't deserve what happened to her, and she definitely didn't deserve the hateful publicity she received. I furthermore freely admit that I'm fully capable of doing the same idiotic things that Stella did. Putting hot coffee between my legs and squeezing it to fiddle with the lid is exactly something I would do, and I'd probably be on the fucking phone or driving while I did it. I recognize that Stella probably didn't understand just how dangerous this is, and I accept that McDonalds may have been negligent in the nature of the warnings it provided. > Can you even imagine how much surgery is required to treat 3rd degree burns to the genitals? This is an appeal to emotion. Yes, I've seen some horrific injuries in my time. I'm also a vegetarian with a deep abiding hatred of McDonalds and their ilk. McDonalds makes, markets, and sells shit food that is poisoning generations. But the magnitude of Stella's injury is orthogonal to the issue of McDonalds culpability for it. Clearly the judicial system has settled into some recognition of liability for merchants of hot coffee, but excessive service temperature is not part of that consideration. And it's a damn good thing, because coffee needs to be hot. Here's a simple question for you, based on an actual experience I had years ago. If I accidentally stab myself in the eye with a paring knife (yes, long story), will you support me if I sue the knife maker or the merchant for selling me a knife that was excessively or unexpectedly sharp and pointy?
- SkittyDog 5y agoYou don't seem to know very much about the redesigned lids. Disposable coffee lids in the US changed drastically following this lawsuit. It took a few years, but the quality of disposable cups/libs used to serve hot beverages to-go is vastly higher than it used to be. I'm surprised that you don't know that... There's a lot of legal scholarship on this topic that specifically discusses that shift, and analyzes the impact of this lawsuit vs other causes. But then, you also don't seem to know very much about product liability in US law. Manufacturers are held to surprisingly high standards in the US, and McDonald's conduct before & during this trial actually shocked the legal community. Their position was seen as surprisingly risky, given the fact pattern. Your knife example is pretty silly, and I'm not sure why you expected it to prove anything. Legal hypotheticals are sometimes useful analytical tools, but you have to actually construct the hypo case to distinguish a relevant legal principle or fact pattern... Your example does none of that. It's just an obvious tautology, and there's not really any argument contained in it. Again, I would encourage you to educate yourself, instead of just making a lot of assumptions that are emotionally convenient to your preconceived notions.