2 ms·
https://www.tortmuseum.org/liebeck-v-mcdonalds/ https://www.tortmuseum.org/liebeck-v-mcdonalds/ >> People did not realize how seriously they could be burned. A
by adamredwoods 5y ago
https://www.tortmuseum.org/liebeck-v-mcdonalds/ https://www.tortmuseum.org/liebeck-v-mcdonalds/
>> People did not realize how seriously they could be burned. All McDonald's restaurants served coffee between 180 and 190 degrees. At this temperature, spilled coffee causes third degree burns in less than three seconds. Other restaurants served coffee at 160 degrees, which takes twenty seconds to cause third degree burns. That is usually enough time to wipe away the coffee.
and https://corporate.findlaw.com/litigation-disputes/products-liability-law-explaining-the-mcdonald-s-coffee-case.html https://corporate.findlaw.com/litigation-disputes/products-l...
>> As noted above, the jury found that McDonald's had sold a defective product and had also breached implied warranties of merchantability and fitness for a particular purpose. A warranty is like a promise. An implied warranty is something that exists whether or not you have a piece of paper titled "Warranty". An implied warranty of merchantability means that the goods sold conform to the ordinary standards of care and that they are of average grade, quality and value as similar goods sold under similar circumstances. Put more simply, when you buy a cup of coffee at McDonald's, you have a right to expect that it will be pretty much the same as the coffee you could buy at any similar drive-thru. An implied warranty of fitness for a particular purpose exists when the retailer, distributor, or manufacturer has reason to know the particular purpose for which the consumer goods are required, and that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods. In the case of coffee purchased at its drive-thru, McDonald's would know that the buyer of the coffee wanted to drink it and that the buyer is relying on McDonald's to sell coffee that the buyer can drink. When the McDonald's employee hands the customer the cup of coffee, it is as if McDonald's is saying, "I promise this coffee is drinkable and that the cup it is served in is suitable." If the warranties of merchantability and fitness for a particular purpose are breached, or the promise is broken, then the manufacturer, distributor, and/or seller of the product are liable or responsible for the consequences.