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Re:What a lot of people get wrong about the 1994 McDonald’s ... by torgoguys on Monday December 19, 2016 @01:04PM (#13213446)
I read the article, but can't watch the video right now, so perhaps this is adressed there, but what I don't understand is why selling coffee at 190 degrees should make you liable for people's handling of a known hot product. Heck, if I sell you 212 degree water and it is no secret that it is super hot, what did I do wrong?

Or what about if I sell you coffee at the lower temperatures McDonald's now sells coffee at, and you spill it over a newborn's delicate skin causing severe damage.

Please help me understand the other side of the story.

Re:What a lot of people get wrong about the 1994 McDonald’s ... by anigbrowl on Monday December 19, 2016 @01:08PM (#13213487)
No. This story has been circulating for 22 years now, there is more than enough information for you to find it on your own. I've literally spent two decades explaining it to people and at this point 'please explain it to me' requests come off as being asked in bad faith.
Re:What a lot of people get wrong about the 1994 McDonald’s ... by ploxiln on Monday December 19, 2016 @02:04PM (#13214011)
"please explain it to me" is almost rhetorical - what is there to explain? Was it molten salt, or some other substance besides water? Was it really plain honest H2O just below the natural boiling point at that altitude? How could there possibly be anything to explain? Thus the virality of this story - simple and understandable by anybody.

Your explanation is "the injuries were so bad and McDonald's was so mean" but that should not be a legal justification.

Oh, so the woman was being reasonable, just wanted McDonald's to pay her medical bills - no, that's not reasonable either. I can't buy $1 bag of candy and then get my dentistry bills paid by the manufacturer, even if it was "closer to 100% sugar than is reasonable". Yeah, no metaphor will be exactly the same, but the situation is clear. Here's another one: someone buys a kitchen knife, and then cuts off their finger. Manufacturer has to pay? I'm sure some people in this vast country have said "man these knives are way too sharp" while the manufacturer says "our customers want the knives to be sharp".

McDonald's sold coffee near the boiling point. It was not defective or misleading. Something very unfortunate happened. And here in America someone has to pay for it! But that's not actually fair. If you really want this unfortunate woman to have her medical expenses paid for, have your government give her the money, sharing in the expense via your taxes.

Re:What a lot of people get wrong about the 1994 McDonald’s ... by anigbrowl on Monday December 19, 2016 @02:16PM (#13214131)
Your explanation is "the injuries were so bad and McDonald's was so mean" but that should not be a legal justification.

I've declined to explain it. Do not project your straw man arguments onto me.

Re:What a lot of people get wrong about the 1994 McDonald’s ... by crucini on Monday December 19, 2016 @07:21PM (#13216270)
Re the kitchen knife: see also the Protection of Lawful Commerce in Arms Act. Especially the litigation which led up to it.
Re:What a lot of people get wrong about the 1994 McDonald’s ... by torgoguys on Monday December 19, 2016 @01:53PM (#13213901)
I'm aware of information out there. I've read other information out there. No, I have not spent hours pouring over the minutiae, but my question is not in bad faith.

This will probably be downvoted too, but, golly gee, I'm just trying to have an open mind here and seeing if someone can convince me that MCD should be at fault. A hot product is hot and inherently carries those sorts of risks. Yes, it was hotter than it needed to be. I get that. So what? How is it some sort of gross negligence? (That's a real question, not rhetorical--I don't understand. 180-190 is not out-of-this world hot, but yes, is extra hot compared to 160 degree coffee).

My newborn example in the grandparent post still applies if served at a cooler temperature. They'll get burned right away. And for adults? The temperature coffee is served at all coffee shops everywhere can be inherently dangerous and cause 3rd degree burns (see page 3 http://www.ameriburn.org/Preven/ScaldInjuryEducator%27sGuide...). While people may not understand the specific number of seconds required, they get the gist--be careful with hot liquids.

Re:What a lot of people get wrong about the 1994 McDonald’s ... by anigbrowl on Monday December 19, 2016 @02:30PM (#13214271)
OK about the good faith thing, but the relevant facts are laid out in the article for you. Why don't you try disputing their significance instead of just saying 'I don't get it!' over and over?
Re:What a lot of people get wrong about the 1994 McDonald’s ... by torgoguys on Monday December 19, 2016 @02:51PM (#13214459)
Sure. All of my questions have been about the product and why serving it should have caused legal liability. So ignoring the parts of the article that simply points out that most people don't correctly know details what happened (whether she was driving, dollar amounts she actually got, etc.) and focusing on what the article has to say about the product and why it might carry liability for MCD we get very little from this article, namely:

- MCD served coffee at up to 190 degrees

- they had 700 previous reports of burns

- MCD claimed customers wanted it served hot

Those are the precious few facts we have about the product from the article. I'm aware of other facts of the case not covered in the article (business reasons MCD chose to serve at that temp and such), but it still doesn't connect A to B; why serving coffee extra hot (at a temp you can get at Starbucks if you request it) should mean MCD is liable for burn injuries if you take the lid off and spill it on yourself. Do you get where I'm coming from?

Re:What a lot of people get wrong about the 1994 McDonald’s ... by hannele on Sunday January 01, 2017 @12:45PM (#13296465)
I hear it. I feel the severity of the burns, the requirement for skin grafts should come into play, but I can put that aside.

It should also be clarified, it was not 700 previous reports of burns, it was 700 previous lawsuits. That implies that there were far more burns and spills that did not result in lawsuits. On your part though, the lack of infamy implies there were plenty of cases that were settled or where the judge agreed with McDonalds.

In the Too Much Coffee Man comic (if you'll forgive getting some info from a comic) others have posted: http://www.tmcm.com/tmcm/mcdonalds-coffee-lawsuit/ It's important to note the emotionally offensive arguments that were made by McDonalds, that actually helped tilt the case over to Stella Liebeck's side. Mainly, I expect, that she was asking for too much money because she was so old that she wouldn't get much more use out of her ahem parts. The awarding of punitive damages, I expect had to do with the 700 previous lawsuits which resulted in no change in behaviour.

Spilling a bit of coffee, especially when the cup is at its fullest and hottest, especially when in the cramped confines of a vehicle, is a common enough occurrence that I don't consider it unreasonable that McDonalds should have taken earlier action.

The Starbucks approach also highlights the liability - because you must request that temperature, it can more reasonably be claimed that you should know to take extra precaution. Certainly, it can't be claimed that you didn't know just how hot it was going to be.

For what it's worth, I've had to revise a little just how clear cut this is. But I still feel that the legal system was working as intended, that this lawsuit doesn't deserve its frivolous reputation, and that it's important for ordinary citizens to have these methods of recourse against giant corporations.

Re:What a lot of people get wrong about the 1994 McDonald’s ... by crucini on Monday December 19, 2016 @07:30PM (#13216316)
All sorts of hazards are "grandfathered" in. If cars were invented today, they'd never be allowed.

Now think about stairs. A certain athletic performance is needed to rapidly descend stairs. Get it wrong and you can tumble a long way onto concrete. Life-changing injuries are just one slip away.

Re:What a lot of people get wrong about the 1994 McDonald’s ... by prodigal_erik on Monday December 19, 2016 @01:08PM (#13213477)
No human can drink 212 degree water, so you can't sell it calling it a beverage.
Re:What a lot of people get wrong about the 1994 McDonald’s ... by user5994461 on Monday December 19, 2016 @01:17PM (#13213556)
No human can drink 190 degree coffee, yet many humans consider perfectly normal to ask for one.
Re:What a lot of people get wrong about the 1994 McDonald’s ... by prodigal_erik on Monday December 19, 2016 @01:38PM (#13213745)
Why would anyone ever do that? Are they going to put it on a thermos and drive around with it until lunch?
Re:What a lot of people get wrong about the 1994 McDonald’s ... by torgoguys on Monday December 19, 2016 @01:56PM (#13213923)
I've read elsewhere that if you order Starbucks coffee "extra hot" it comes out at about 180 degrees. Some people recommend you order that temperature sometimes: http://www.businessinsider.com/starbucks-drink-extra-hot-201...

MCD here was routinely serving it at 180-190.

Re:What a lot of people get wrong about the 1994 McDonald’s ... by drvdevd on Monday December 19, 2016 @01:07PM (#13213475)