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Old Oct 14, 2009 | 6:41 am
  #76  
jimthehorsegod
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Join Date: Feb 2009
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Originally Posted by ekys
Are these the people who sue when they spill coffee on themselves because it was hot?
Call me Dave and slap me with the OT stick, but I have to add here that the infamous coffee lawsuit is not quite what a lot of people understand it as being.

The lady who scalded herself did so with a cup of coffee heated to 180–190 °F (82–88 °C) which Mcdonalds continued to do despite over 700 reports of people being burned by over-heated coffee in the previous decade including settled claims for more than $500,000. It was not industry practice to serve coffee that hot (other establishments were shown to serve coffee less hot) rather it was a requirement dictated by McDonalds to their franchises, despite the accidents.

She scalded herself badly (third-degree burns on 6% and lesser degree on 16% of her body) and stayed in hospital for 8 days while she had skin grafted.

She requested $20,000 from McDonalds, having incurred $11,000 in medical costs. They offered her $800. Only then did she sue, asking for $90,000.

The initial award of punitive damages of $2.7m was a surprise to all concerned, but was calculated as 2 days of sales of coffee revenues.

It was excessive, clearly, and I question the merit of the argument that it was too hot (I don't think cool really works for brewing coffee) but hey, there you are.

Oh, and I don't think anyone would spill coffee on them because it was hot
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