I mean, if you can win a lawsuit against McDonalds for burning yourself because they didn't state their coffee was hot, you can pretty much sue for anything.
i get really tired of this case getting dragged out as an example of frivolous lawsuits.
1. mcDs served their coffee at ridiculous temperatures, far higher than any other competing restaurant.
2. the woman originally sued for only her medical costs. the larger punitive damaged were added by the jury.
3. they had previously settled out of court on multiple similar cases.
A few additional points worth noting, all of which point towards corporate arrogance, intransigence and a general lack of responsibility:
(1) The victim in question suffered third-degree burns from 6 to 16% (am seeing conflicting reports here) of her body, including her genital area. She had to be hospitalized for eight days. She required extensive skin grafts and was permanently scarred.
(2) At the time, McDonalds’ corporate specifications explicitly called for coffee to be served at a temperature between 180 and 190 degrees Fahrenheit. An expert witness testified that liquids at this temperature will cause third degree burns of human skin in two to seven seconds.
(3) During discovery, McDonald’s was required to produce corporate documents of similar cases. More than 700 claims had been made against McDonald’s, and many of the victims had suffered third-degree burns similar to the victim in question. Yet the company had refused to change its policy.
