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#26 2003-01-22 9:50 pm

matt
Screw it
Registered: 1999-09-16
Posts: 16451
Website

Re: Judge throws out obesity law suit against McDonalds

<snip>

I've heard that before. I just trust my first-hand experience more than any news article.

That's fine.  Just realize it was the McDonalds corporation being sued, not your neighborhood resturant.

I understand that, but given that normally-heated coffee will cause the horrible burns, and given that she should have known not to put the coffee between her knees on such an incredibly steep hill, I don't think that the McDonalds corporation should be required to pay her bills.

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#27 2003-01-22 10:32 pm

jkahless
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From: Right in front of you.
Registered: 2002-01-05
Posts: 9379

Re: Judge throws out obesity law suit against McDonalds

<snip>

I've heard that before. I just trust my first-hand experience more than any news article.

That's fine.  Just realize it was the McDonalds corporation being sued, not your neighborhood resturant.

I understand that, but given that normally-heated coffee will cause the horrible burns, and given that she should have known not to put the coffee between her knees on such an incredibly steep hill, I don't think that the McDonalds corporation should be required to pay her bills.

Natural Eugenics at work.  The less than gifted people out there will end up killing themselves but will leave our planet scarred for millenia to come.


lucifer, i look into your dark eyes raise my axe for battle
tito

Ignore the studies

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#28 2003-01-22 10:35 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds

[I understand that, but given that normally-heated coffee will cause the horrible burns, and given that she should have known not to put the coffee between her knees on such an incredibly steep hill, I don't think that the McDonalds corporation should be required to pay her bills.

McDonalds coffee was shown to be about 20 degrees hotter than normal.  Coffee that hot will cause MORE damage than coffee heated less.  (the facts of the case are also that she was adding cream and sugar, and that the car was not moving).  Whether it was a stupid place to hold the coffee or not, liquids served at a resturant should not be hot enough to cause such burns.

Again, McDonalds had settled upwards of 700 cases involving coffee burns.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#29 2003-01-22 10:42 pm

primenumber
Member
From: CT
Registered: 2001-01-07
Posts: 416

Re: Judge throws out obesity law suit against McDonalds

<snip>

I've heard that before. I just trust my first-hand experience more than any news article.

That's fine.  Just realize it was the McDonalds corporation being sued, not your neighborhood resturant.

Bratboy,  there is another issue involved in this kind of lawsuit.  While no one, myself included, will shed any tears for McDs, the fact that that woman won that case creates a precedent which leads to more silly lawsuits (the obesity suit is a clear example, thank God it was thrown out.)  The problem is personal responsibility, not coporate greed.  If you spill coffee on yourself, you will get burned whether its 120, 150, or 170 degrees.  While the severity of the burns might have been McDs responsilbility, the accident that created the burns was the woman's responsibility.  Lawsuits of this nature, the coffee (and even more so the obesity), do nothing to to slow down corporate america.  They only make it easier and more likely that people will try to blame others for their own stupidity.  Lack of personal responsibility is the true crime here and is a huge problem in our country.  It doesnt require too much common sense to realize that putting a hot cup of coffee (at any temperature) between your legs, with no lid on it, while you are operating a motor vehicle, is a really bad idea.


The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently. -Friedrich Nietzsche

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#30 2003-01-22 11:11 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds

Lawsuits of this nature, the coffee (and even more so the obesity), do nothing to to slow down corporate america.  They only make it easier and more likely that people will try to blame others for their own stupidity.  Lack of personal responsibility is the true crime here and is a huge problem in our country.  It doesnt require too much common sense to realize that putting a hot cup of coffee (at any temperature) between your legs, with no lid on it, while you are operating a motor vehicle, is a really bad idea.

First of all, I don't agree with the merits of the obesity case, and I'm glad it was thrown out.

However, in business you have to be aware that accidents do happen...whether you feel there was negligence involved or not (the woman was 81, folks).  Sure, coffee can 'burn' at any temperature.  Does that mean that I would no be liable for damages if I served coffee at 200 degrees?  At 300 degrees?  Simply because there is an inherent 'risk' involved doesn't mean you are completely cleared from any and all liability.  This was not a frivolous suit...the woman had never sued anyone in her life before and was only seeking damages for medical bills, of which McDonalds had paid out for coffee burns hundreds of times before.

I fully understand the concept of frivolous lawsuits...I just don't think this particular case, when all the facts are examined, was one of them.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#31 2003-01-22 11:26 pm

Cyberpawz
Member
Registered: 2001-11-14
Posts: 10172

Re: Judge throws out obesity law suit against McDonalds

Lawsuits of this nature, the coffee (and even more so the obesity), do nothing to to slow down corporate america.  They only make it easier and more likely that people will try to blame others for their own stupidity.  Lack of personal responsibility is the true crime here and is a huge problem in our country.  It doesnt require too much common sense to realize that putting a hot cup of coffee (at any temperature) between your legs, with no lid on it, while you are operating a motor vehicle, is a really bad idea.

First of all, I don't agree with the merits of the obesity case, and I'm glad it was thrown out.

However, in business you have to be aware that accidents do happen...whether you feel there was negligence involved or not (the woman was 81, folks).  Sure, coffee can 'burn' at any temperature.  Does that mean that I would no be liable for damages if I served coffee at 200 degrees?  At 300 degrees?  Simply because there is an inherent 'risk' involved doesn't mean you are completely cleared from any and all liability.  This was not a frivolous suit...the woman had never sued anyone in her life before and was only seeking damages for medical bills, of which McDonalds had paid out for coffee burns hundreds of times before.

I fully understand the concept of frivolous lawsuits...I just don't think this particular case, when all the facts are examined, was one of them.

Then don't state what if senarios...

water at 200 degrease would cause 3rd degree burns easly...

300 degrease it would tare the flesh off your body...

Cyberpawz


Governing sense, mind and intellect, intent of liberation, free from desire, fear and anger, the sage is forever free.

Bhagavad Gita (c.B.C. 400)

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#32 2003-01-22 11:28 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds

Then don't state what if senarios...

water at 200 degrease would cause 3rd degree burns easly...

300 degrease it would tare the flesh off your body...

Cyberpawz

It wasn't a 'what if'...the McDonalds guidelines at that time were to brew and keep the coffee near 200 degrees.  The woman had extreme 3rd degree burns.  My point was that the fact that a product could possibly cause 'some harm' does not free the company from liablilty for 'any harm.'


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#33 2003-01-22 11:36 pm

Cyberpawz
Member
Registered: 2001-11-14
Posts: 10172

Re: Judge throws out obesity law suit against McDonalds

Then don't state what if senarios...

water at 200 degrease would cause 3rd degree burns easly...

300 degrease it would tare the flesh off your body...

Cyberpawz

It wasn't a 'what if'...the McDonalds guidelines at that time were to brew and keep the coffee near 200 degrees.  The woman had extreme 3rd degree burns.  My point was that the fact that a product could possibly cause 'some harm' does not free the company from liablilty for 'any harm.'

If you see a floor wet do you step on it?

If you see dog crap on the ground do you step on it?

If you get coffee from anywhere, and you didn't make it, do you guzzle it?

If the woman was driving while driking, McD's is not held responcible, for she was doing something illegally...

I had scaling hot water at over 200 degreese spilled on my arm...it was partially my own stupidity at the time that caused that accident...but because of where i was working, no one told me they were making more coffee when I was told to clean the machine...could I of sued them, potentally, yes... but did I... no...why, because I am fine, and none for the worse for the wear...

Cyberpawz


Governing sense, mind and intellect, intent of liberation, free from desire, fear and anger, the sage is forever free.

Bhagavad Gita (c.B.C. 400)

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#34 2003-01-22 11:43 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds



If you see a floor wet do you step on it?

If the woman was driving while driking, McD's is not held responcible, for she was doing something illegally...

I had scaling hot water at over 200 degreese spilled on my arm...it was partially my own stupidity at the time that caused that accident...but because of where i was working, no one told me they were making more coffee when I was told to clean the machine...could I of sued them, potentally, yes... but did I... no...why, because I am fine, and none for the worse for the wear...

First of all, I don't think people slip in wet places because they 'saw' the water and then stepped in it.  Accidents happen.  If one is negligent and creates a hazard and then someone hurts themself, they're going to be liable!

The woman wasn't driving, she was sitting in her car...but what are you saying she was doing that was illegal?  I don't think she was acting illegally.

Yes, you could have sued them.  Did you have doctor bills?  Did you need skin grafts?  Would you have been so forgiving if you had to spend hundreds of dollars at the hospital?


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#35 2003-01-22 11:50 pm

Cyberpawz
Member
Registered: 2001-11-14
Posts: 10172

Re: Judge throws out obesity law suit against McDonalds


First of all, I don't think people slip in wet places because they 'saw' the water and then stepped in it.  Accidents happen.  If one is negligent and creates a hazard and then someone hurts themself, they're going to be liable!

The woman wasn't driving, she was sitting in her car...but what are you saying she was doing that was illegal?  I don't think she was acting illegally.

Yes, you could have sued them.  Did you have doctor bills?  Did you need skin grafts?  Would you have been so forgiving if you had to spend hundreds of dollars at the hospital?

By law, if the key is in the ignition, and turned to bring the engine to life, she was drinking and driving, and technically is doing an illeagle act...for drinking and driving, does not just deal with alchol, although that is what the police namily do arrest people on, and open container, or something in which you drink in, soad from a resteraunt, etc...you can be given a ticket for...

Could I of sued them, yes, did I know...I didn't have doctor bills because I didn't have health insurance, the first layer of skin was peeled off, and no hair on my arm, but it grew back with no scarring...

Cyberpawz


Governing sense, mind and intellect, intent of liberation, free from desire, fear and anger, the sage is forever free.

Bhagavad Gita (c.B.C. 400)

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#36 2003-01-22 11:55 pm

matt
Screw it
Registered: 1999-09-16
Posts: 16451
Website

Re: Judge throws out obesity law suit against McDonalds

drinking non-alcoholic, non-intoxicating beverages while driving is not illegal in Albuquerque.

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#37 2003-01-22 11:57 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds

Cyberpawz wrote:


First of all, I don't think people slip in wet places because they 'saw' the water and then stepped in it.  Accidents happen.  If one is negligent and creates a hazard and then someone hurts themself, they're going to be liable!

"Drinking and driving" with a non-alcoholic drink is absolutely NOT illegal here in Texas...I think you've got your facts mixed up.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#38 2003-01-23 12:10 am

Cyberpawz
Member
Registered: 2001-11-14
Posts: 10172

Re: Judge throws out obesity law suit against McDonalds

bratboy wrote:


First of all, I don't think people slip in wet places because they 'saw' the water and then stepped in it.  Accidents happen.  If one is negligent and creates a hazard and then someone hurts themself, they're going to be liable!

"Drinking and driving" with a non-alcoholic drink is absolutely NOT illegal here in Texas...I think you've got your facts mixed up.

open-container law, look it up.

Cyberpawz


Governing sense, mind and intellect, intent of liberation, free from desire, fear and anger, the sage is forever free.

Bhagavad Gita (c.B.C. 400)

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#39 2003-01-23 12:14 am

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds

open-container law, look it up.

Bro, the phrase 'open-container' ONLY applies to alcohol.  It would have to be 'open' for you to be drinking it.

I'm willing to bet money you're wrong here.  I just did a search on lexis-nexus for New Mexico penal statute...nothing about driving and drinking non-alcoholic beverages.  I'm studying law, I've never heard of such a thing.  How could fast food resturants get away with handing people OPEN drinks if it were illegal???

lol


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#40 2003-01-23 12:19 am

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds

Here is a description of an 'open-container law' from the MADD website:

Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle. Since every state has laws to prevent and punish impaired driving, open container laws can serve as an important tool in the fight against impaired driving.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#41 2003-01-23 12:20 am

matt
Screw it
Registered: 1999-09-16
Posts: 16451
Website

Re: Judge throws out obesity law suit against McDonalds

open-container law, look it up.

Bro, the phrase 'open-container' ONLY applies to alcohol.  It would have to be 'open' for you to be drinking it.

I'm willing to bet money you're wrong here.  I just did a search on lexis-nexus for New Mexico penal statute...nothing about driving and drinking non-alcoholic beverages.  I'm studying law, I've never heard of such a thing.  How could fast food resturants get away with handing people OPEN drinks if it were illegal???

lol

As an Albuquerque resident, I can tell you that open, non-alcoholic drinks are not illegal here.

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#42 2003-01-23 12:27 am

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds

matt wrote:

As an Albuquerque resident, I can tell you that open, non-alcoholic drinks are not illegal here.

I seriously doubt they're illegal anywhere.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#43 2003-01-23 12:35 am

matt
Screw it
Registered: 1999-09-16
Posts: 16451
Website

Re: Judge throws out obesity law suit against McDonalds

I only know about Albuquerque. wink

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#44 2003-01-23 12:36 am

KingFred
is enjoying his status as
Royal Wombat
Registered: 2002-05-09
Posts: 7541

Re: Judge throws out obesity law suit against McDonalds

If a car is moving, a PASSENGER can be charged with "drinking and driving" a normal beverage?? Is that what DUI is really about? That's a new one. Time to pull out the links to this law, Cyberpaws. I'll even accept a DRIVER being charged with this for drinking a soda or something.


Exploring the intertubes

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#45 2003-01-23 12:38 am

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Judge throws out obesity law suit against McDonalds

I only know about Albuquerque. wink

Here in Texas, it was only a few years ago that the law about open-alcohol containers was passed...for passengers.  Up until then, you could have open alcohol containers in the car, as long as the driver wasn't drinking them.

The very fact that McDonalds (and every other) fast-food resturant hands open drinks to people, sitting in their cars, is pretty much a dead giveaway that it's not illegal.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#46 2003-01-23 4:18 am

Cyberpawz
Member
Registered: 2001-11-14
Posts: 10172

Re: Judge throws out obesity law suit against McDonalds

I only know about Albuquerque. wink

Here in Texas, it was only a few years ago that the law about open-alcohol containers was passed...for passengers.  Up until then, you could have open alcohol containers in the car, as long as the driver wasn't drinking them.

The very fact that McDonalds (and every other) fast-food resturant hands open drinks to people, sitting in their cars, is pretty much a dead giveaway that it's not illegal.

Well then it's different in Mass, for I have been in vehicles that have been pulled over for the kid drinking a sprite...and given a fine...so you tell me, was he right or wrong in giving it...

We tried to fight it in court, but the judge didn't agree to drop it, so he is stuck with the fine on his record for 7 yrs.

Cyberpawz


Governing sense, mind and intellect, intent of liberation, free from desire, fear and anger, the sage is forever free.

Bhagavad Gita (c.B.C. 400)

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#47 2003-01-23 6:55 am

macul
Member
From: Jacksonville, Florida, U.S.A.
Registered: 2001-09-19
Posts: 1910

Re: Judge throws out obesity law suit against McDonalds


First of all, I don't think people slip in wet places because they 'saw' the water and then stepped in it.  Accidents happen.  If one is negligent and creates a hazard and then someone hurts themself, they're going to be liable!

Incorrect.  I have seen it first hand.  People step over the "WET FLOOR" signs onto the wet floor.  They proceed to slip and fall.  They then threaten to sue.


If you think health care is expensive now, wait until you see what it costs when it's free.
--P.J. O'Rourke

A liberal is someone who feels a great debt to his fellow man, which debt he proposes to pay off with your money.
--G. Gordon Liddy

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#48 2003-01-23 7:33 am

The New Guy
Member
From: Left of left
Registered: 2000-10-18
Posts: 3422

Re: Judge throws out obesity law suit against McDonalds

The coffee was an accident. The lady was simply trying to open it. That's fine, and McD's learned their lesson.

But suing them because you didn't know that one of those greasy-a** Big Macs didn't make you fat just shows how retarded you really are. Honestly, the culture of victimhood in this country is getting a little out of hand.

Besides, Burger King is soooo much better than McDonalds. Mmmm... flame broiled.


The car of the future is a train with a bike waiting at the other end.

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#49 2003-01-23 7:40 am

registered_user
bulletproof
From: padding: zero-pixels;
Registered: 2000-12-19
Posts: 16020
Website

Re: Judge throws out obesity law suit against McDonalds

What would really stop a lot of these nonsense lawsuits would be to make the plaintiffs lawyer pay the defendants legal fees in cases where the judge determines the suit is frivolous.

I think this is a great start.  The person financially supporting a suit should have to pay x% of the damages of the sought if, and only if, a judge throws it out of court as frivilous.  And I feel that should be open to appeal as well.

It still offers everyone access to the legal system, but it discourages people looking for that one in a million shot to get rich on somethign stupid.

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#50 2003-01-23 7:41 am

AutoJC
Banned
From: Defending Evil, Greedy Capital
Registered: 2002-05-15
Posts: 3555
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Re: Judge throws out obesity law suit against McDonalds

http://www.washingtonpost.com/wp-dyn/articles/A27659-2003Jan22.html

Finally a sensible judge.
Now the people who brought this suit and their lawers should be held 100% liable for McDonald's legal bills. twisted

That's OK.  If I ran McDonalds I'd gladly have paid my attorneys what they were worth to get rid of these leeches and conjure up the positive publicity that my corporation, at last, won against predators such as these.

Plus I'd reap the benefits of my stock going up again.  twisted


AutoJC

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