IAH-OIL-TRASH

http://www.chron.com/news/houston-te...p?cmpid=hpfsln

In my opinion, once FA places coffee on tray, it's passengers responsibility to manage cup.

akonradi

"Responsibility?" C'mon, now, this is America.

blug

"Just as the flight attendant put the coffee on the tray table, the passenger in front of Cervantes reclined his seat"

Shouldn't she be suing that passenger?

FlyWorld

Now, that's truly over-entitled!

IAH-OIL-TRASH

First rules of suing - "who has the thickest wallet?" And "who is likely to settle for something significantly less that asked, but still significant?"

mrswirl

Before somebody brings up the infamous McDonald's coffee lawsuit for comparison, it's worth noting the actual facts in that case:

http://www.lectlaw.com/files/cur78.htm

wildbill412007

If you ask me, those of us who actually drink the coffee might have a better case for damages...

fireworksboy

Facts have no place here.

spin88

Yes.

And lets not be too hasty here, given how vile freshpoo is when drank, it might also do major exterior damage as well, plus leaving your clothes smelling as bad as your breath...

On the "merits" I am surprised they could get the coffee hot enough to skald her. The problem given less air pressure is that they can't brew it hot enough. I would be surprised if the coffee could be anywhere near 180 degrees (what caused the injury in the McD case), and it was likely under 160 degrees.

McDonalds lost because they - contrary to industry standards/recommendations - served coffee at 180 degrees, did so, according to their own documents as they wanted coffee that would stay hot, but did not want to buy more expensive cups, so went with coffee as hot as they could get, and then they had gotten over 700 reports of people being burned by their coffee. The response of McD when deposed was to say 700 people getting injured was not enough for them to change their practice and buy slightly more expensive cups. The punitive damages verdict was to make them change, and McD did.

sammyindc

This case brings back some memories of interesting debates in some of my law classes.

mgcsinc

Thought I was gonna have to whip out the facts from the McD's case, but it has already been done in excellent fashion.

waxearwings

And only second degree burns in this case. Someone's learned there lesson. Quick, someone break out the thermometer and check their next cup of dreck.

I wonder if they will argue that it's CO's responsibility to have a bomb-proof lid if they serve hot beverages, given that they must be aware of the dangers of suddenly reclining seats.

mgcsinc

If the least-cost-avoider result in this case was that we ended up with lids for the coffee cups, I certainly wouldn't complain.

emanon256

Oh wow, $170K, When I first clicked I thought it was just $170. I clicked it because it reminded me of an employee of former client.

So I was working for a client, and he invited all of his staff to a meeting and one of my co-workers was sitting next to some guy who worked for the client. My co-worker spilled a little coffee on the table and the clients employee put his sleeve in it. The guy jumped up in the middle of the meeting yelling that my co-worker ruined his shirt, the guy started flailing and demanding we buy him a new shirt. I said I would talk to him after the meeting, and then gave him $10 for dry cleaning. He threw it back in my face, and a few days later filed a small claims case for $190 + court costs, stating it was a brand new $190 shirt. Sadly, we settled and paid him the full $190 + filing fee to keep the client happy.

ekwang

Where did she think she was, at a McDonald's where you can sue for this kind of stuff? Good grief, some people.