Busted in the buff

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I get your point, but as far as I can see glass breaks; i.e. it is an inherent property of glass (just like coffee is potentially scalding).

You have to handle bottles with care of course, but I can't imagine you'd start juggling around with them or carry more than one with one hand at the same time if you knew they were fragile (after all it is glass and it is only fair to assume you know that).

If it was so thin that you actually couldn't handle it at all without breaking it then the comparison would be apt. Nevertheless, to overlook the fact that a cup of coffee is hot makes even less sense than transporting liquor in freakishly fragile containers.

Accidents do happen. Blaming the coffee maker for selling a coffee that is too hot is a bit like blaming a cuttlery manufacturer for making knives that are too sharp. Coffee is meant to be hot and knives are meant to be sharp. Still, it's sad if someone accidentally cut off a finger but I'm not convinced that they should be suing the company that made the knife. It would be a different matter if the blade of the knife broke and injured the user but it doesn't seem to be the case here (it seems the cup wasn't pierced or broken).

 

I think Chandos's point is that there are reasonable measures that the company can be expected to take. Sure, glass breaks, but making the bottle out of 1/32 inch thick glass that could easily be shattered by just a strong grip is careless of the company. Likewise, sure, coffee should be hot and people should know it is hot, but capable of causing 3rd degree burns in 2 seconds? For me, 'hot' water is so that it stings a little if I spill a few drops on me. If I spilled a lot on me, my skin may even turn red, but I'd never expect even so much as a blister to form.

 

Regrettable as it is, IIRC, the main complainant was quite large, and she put the cup of coffee between her legs... Now, it doesn't take a biologist or an expert on thermodynamics to know that:

• You legs naturally want to come together...especially if you're a fat cow.
• When pressure is applied to a cup - reducing its volume, the liquid will be displaced...and it's got to go somewhere...

My point is, there needs to be some sort of "common sense" law that punishes the complainant for injuring their self while doing something stupid. If a guy tried to sue Jacuzzi for getting his d*ck stuck in a jet...he should be punished for trying to get as much money from Jacuzzi as he could, all because he tried to F*** a water jet and got it stuck.
It's cases like these that require all the coffee/tea cups in the world to have a warning: Caution! Contents *MAY* be hot!
Soon, anyone who enjoys walking around their home naked will have to have a warning sign in the front yard that says: Caution! Residents *MAY* be nude! Look in to the home at your own risk. or Warning! Do not attempt to have intercourse with this hot tub!"

Relating this idea to this case:
(Nutjob) - "Oh no! I looked in to someone's home as I was walking across his property...and...and...I saw him NAKED!!!
I need millions of dollars for my mental distress, and I want that pervert locked up, so he will never walk around his home without clothes on!"
(Judge, lawyers, police) - "Sounds good to me - it isn't my money..."

 

I want to thank the posters for supplying me with additional facts about the McDonalds case. I have always thought it was a miscarriage of justice, now I'm not so sure.

 

This one:

...is false. IIRC, this statement was based on a flawed and informal study. Most coffee makers (Bunn -- both home and commercial, Mr. Coffee, etc.) make coffee near 200°F and maintain it at ~180°F; IAW with recommendations of various coffee manufacturers. The water is pushed through by heating coils which partially vaporize the liquid after taking it near its boiling point. There are slightly volatile components in coffee which vaporize at ~150°F and add to the experience of drinking coffee (i.e., the coffee aroma) -- the temperature in the pot is maintained high enough to ensure the coffee still has its aroma for several minutes after filling the cup. Most coffee is served at ~180°F.

This one (bolding mine):

... is not what was stated in court. The actual time given was 12-15 seconds (although I think 2-7 is correct). Also in the court proceedings it was stated that ... lowering the temperature to 160 °F (71 °C) would increase the time for the coffee to produce such a burn to 20 seconds. (A British court later rejected this argument as scientifically false). (I lazily took this from wiki ... but the article does list good references.) When I researched home hot water temperature everyone recommended temperatures of 120-125°F, temperature above 150°F will burn a childs skin in a few seconds (as well as sensitive skin on others) -- lowering the temperature of the coffee to 160°F would not have helped.

I personally don't like my coffee all that hot (about 140°F is good for me) so I ask for a little ice. It takes the same amout of ice to cool a 12 fl oz cup no matter where I buy it (which makes sense -- they all use the same coffee makers).

Anytime a website uses the term "McFact" I will always be skeptical of the accuracy of the information given. IMO, the most damning thing McDonalds did was not taking care of the settlement earlier (as dmc points out). But then again, they handle frivolous lawsuits on a daily basis.

 

*me looks at my nickname*


...


Hey... who you callin' an oxymoron?

 

I find it odd that people can order hot coffe at 200 degrees and drink it. But others sue over it. I guess we really are a diverse nation... No matter what the courts found, IMO, if you order hot coffee and spill it all over your lap because you placed it between your legs, you have just reached "Village Idiot" status.

 

That one is a true classic!

My sentiment exactly.

 

No, it's not false.

That informal study was a real world test of what many customers encounter, not what industry insiders base their calculations on. While Bunn and Mr. Coffee may recommend those tempatures for the best coffeee flavor, that does not make it safe to handle at those temps. The problem wasn't that there was not enough flavor in MDs coffee but that they knew of the problem of public saftey and didn't care. That's what I despise about those industry groups and the way in which they cover each other's butts.

http://www.vanfirm.com/mcdonalds-coffee-lawsuit.htm

 

Another "Amen, Brother" from me.

 

I agree 100%! Hmmmm...perhaps a 'Village Idiot' law should be passed that if you try to sue someone or a company for doing something stupid, you should have to wear a IOTW plaque around your neck for all to see! Whatever happened to public humiliation punishments?

 

Anyone saying miscarriage of justice should both check how much the medical costs were and how much the woman walked away with.

 

And this, my friends, is what the Darwin Award is for: To honor the people that upon realization that they really ARE idiots do a great service to the human gene pool by removing themselves off it.

While I can see the point of nitpicking about how Mc D handled this particular case, the bottom line is that hot beverages and human skin do not mix all that well. Once you exceed the skin burn threshold, it doesn't really matter how much you exceed it.

Kinda makes me wonder if there's been similar lawsuits by people that, for example, failed at handling dry ice properly? Hint: Grabbing a piece of it without heavy duty gloves is an ouchie.

 

Or Tabasco. I once broke a bottle of Tabasco and its content went all over my groin area, that stuff really hurts (and I wasn't naked). Good thing I was intoxicated at the time so it dulled the pain. I couldn't have sued the company since my friends actually managed to shatter the bottle expecting it would break when I'd use it. What can I say, I wad a kid then.

 

I'm not sure, but why don't you do the research to go along with your rant to find out. That way you can confirm how much smarter you truly are from the rest of the human race. Isn't that the "Darwinian" way of things?

Good thing too, because that could have been a REAL public safety issue.

Yes, MDs received one for being the real "village idiots."

 

Indeed!

That got me thinking, what about mooning? Can you get arrested in the States or do the men in blue give you some slack?

 

The men in blue can arrest you for just about anything here, unfortunately. But I would think that if someone complained, the cops would more than likely arrest someone for it.

 

They'll arrest you and put in a cell with some 300 pound dude named Bubba who'll ask what your in for, then ask to demonstrate. Now when you drop your pants and bend over....

 

That's sad, how are you supposed to have fun?

Ok, that's it guys, I'm not going to the States.

 

Nah, it's not the averages or even slightly below averages that have a field day at Darwin's. It's the truly moronic ones that often go first, meaning you get a much better affect on the grand total average much faster.