Community
Wiki Posts
Search

Lady wants $170k for spilled coffee.

Thread Tools
 
Search this Thread
 
Old May 31, 2013, 9:43 am
  #31  
 
Join Date: Aug 2011
Programs: UA 1K
Posts: 8,634
If it was a small claim, it would've made for a good Judge Judy (or equivalent) episode.
mgcsinc is offline  
Old May 31, 2013, 9:45 am
  #32  
 
Join Date: Jul 2003
Location: HSV
Programs: DL SkyMiles PM/1.2MM, UA Premier gold/1MM, Choice diamond, Marriott gold
Posts: 1,374
Originally Posted by 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
FWIW, our Keurig coffee machine at home is set to 192 degrees. The 140 to 150 degrees referenced here seems low.
Kwaj boy is offline  
Old May 31, 2013, 9:51 am
  #33  
 
Join Date: Aug 2011
Programs: UA 1K
Posts: 8,634
Originally Posted by Kwaj boy
FWIW, our Keurig coffee machine at home is set to 192 degrees. The 140 to 150 degrees referenced here seems low.
192 degrees is the brew temperature, not the holding temperature.
mgcsinc is offline  
Old May 31, 2013, 10:02 am
  #34  
 
Join Date: May 2007
Location: variously: PVG, SFO, LHR
Programs: AA ExPlat, UA 1MM Gold, Hyatt Glob, Marriott Plat, IHG Plat, HH Gold
Posts: 1,678
Originally Posted by spin88
Ok, some basic laws of thermodynamics apply here.

Coffee that is brewed on the ground, and is at boiling, is at 212 degrees. It then cools down.
...
But, had it started at just under 212, sat for the same time, it might have been more like 180 when it hit her.
Almost every cheap coffee maker I've ever seen doesn't heat the water to boiling

At best, you get 180 for the brew temperature, and then it goes down from there.
andrewwm is offline  
Old May 31, 2013, 10:11 am
  #35  
 
Join Date: Jul 2003
Location: HSV
Programs: DL SkyMiles PM/1.2MM, UA Premier gold/1MM, Choice diamond, Marriott gold
Posts: 1,374
Originally Posted by mgcsinc
192 degrees is the brew temperature, not the holding temperature.
Keurig machines don't hold coffee. They brew one cup at a time so the brew temp is what you get.
Kwaj boy is offline  
Old May 31, 2013, 10:15 am
  #36  
 
Join Date: Aug 2011
Programs: UA 1K
Posts: 8,634
Originally Posted by Kwaj boy
Keurig machines don't hold coffee. They brew one cup at a time so the brew temp is what you get.
First, brew temperature is not what you get. In my free time, I'm an espresso snob. The temperature in the cup is not the brew temperature.

In any case, the point was that McDonalds broke from the contemporaneous practice of holding coffee at a much lower temperature. The brew temperature of a Keurig has nothing to do with the temperature that McDonalds holds cisterns full of coffee at.
mgcsinc is offline  
Old May 31, 2013, 10:43 am
  #37  
 
Join Date: Feb 2010
Location: ORD
Programs: US Air, UA BA LH AI DELTA MARRIOTT CHOICE SGP
Posts: 9,883
If she gets to a jury trial, she will win !
HMPS is offline  
Old Jun 1, 2013, 12:33 pm
  #38  
 
Join Date: Apr 2005
Location: FLL
Programs: UA: 1K MM, Marriott Ambassador, Platinum IHG. Diamond: Hilton. Silver: Delta & Hyatt
Posts: 1,366
Reminds me of a flight in December where FA dropped a bottle of Port all over me during desert. Shirt was sent to cleaners in China, UA sent no check for cleaning even with "accident kit." Had KA (Dragon Air) FA spill hot tea on me, certainly hurts for a bit.
UnitedFFinAsia is offline  
Old Jun 1, 2013, 2:53 pm
  #39  
FlyerTalk Evangelist
 
Join Date: Sep 2007
Location: SJC, SFO, YYC
Programs: AA-EXP, AA-0.41MM, UA-Gold, Ex UA-1K (2006 thru 2015), PMUA-0.95MM, COUA-1.5MM-lite, AF-Silver
Posts: 13,437
Originally Posted by mgcsinc
We're much better off for it.
Nope.
mre5765 is offline  
Old Jun 1, 2013, 5:11 pm
  #40  
 
Join Date: Aug 2011
Programs: UA 1K
Posts: 8,634
Originally Posted by mre5765
Nope.
I'm happy not to play the will-my-toaster-explode lottery because some company decided that gambling on not being held liable in negligence for the occasional wrongful death claim would be cheaper than adding a 5-cent part to each toaster.
mgcsinc is offline  
Old Jun 1, 2013, 8:20 pm
  #41  
 
Join Date: Jul 2010
Location: WAS
Programs: UA Silver, Marriott Titanium, Nexus, GE
Posts: 2,123
What a crazy experience. I just can't imagine the coffee was all that hot by the time it got to the passenger. UA brews their coffee, then it sits on the pot for a while after brewing, then it gets transfered to the cart, sits on the cart a while.

Even if she honestly got a second degree burn, it's really not exactly a big deal. Ask someone who works in a restaurant how often they get second degree burns. Do you think they sue every time it happens?
astroflyer is offline  
Old Jun 1, 2013, 11:05 pm
  #42  
FlyerTalk Evangelist
 
Join Date: Jan 2006
Posts: 11,439
Originally Posted by astroflyer
What a crazy experience. I just can't imagine the coffee was all that hot by the time it got to the passenger. UA brews their coffee, then it sits on the pot for a while after brewing, then it gets transfered to the cart, sits on the cart a while.

Even if she honestly got a second degree burn, it's really not exactly a big deal. Ask someone who works in a restaurant how often they get second degree burns. Do you think they sue every time it happens?
Do you know what a second degree burn is? And depending on the location (hands, face, feet, genitals) of that second degree burn it may call for immediate medical attention by a Doctor. It's not just a boo-boo.
planemechanic is offline  
Old Jun 1, 2013, 11:43 pm
  #43  
 
Join Date: Aug 2011
Programs: UA 1K
Posts: 8,634
Originally Posted by planemechanic
Do you know what a second degree burn is? And depending on the location (hands, face, feet, genitals) of that second degree burn it may call for immediate medical attention by a Doctor. It's not just a boo-boo.
+1. One only need to type "second degree burn" into Google Images to be a bit horrified.
mgcsinc is offline  
Old Jun 2, 2013, 12:11 am
  #44  
FlyerTalk Evangelist
Original Poster
 
Join Date: Sep 2003
Location: Honolulu Harbor
Programs: UA 1K
Posts: 15,029
Incident happened almost two years ago. What gets me is FA did not spill coffee on pax. I think if a passenger asks for coffee, is handed the cup, it is his/her responsibility and risk managing the cup. I don't have a problem with liability laws, but I do have a problem when all sense of personal responsibility is no longer required.

Soon after the break up the USSR, I opened an office there for a major oil company. We had a copier that needed supplies/maintenance. I went to the local vendor and they supplied a 3-page agreement. I sent it to Houston and received back a 17-page agreement from our fine legal group. It was hilarious trying to explain the cr*p the American Legal system forces us to put in contracts. The most ludicrous was the indemnity absolving us of liability if their worker hurts himself by his own actions. The lady I was negotiating with said this was the stupidest thing she ever heard of - "of course if he hurts himself, it's his own fault!" We've gotten used to lawyers subverting the simplest of common sense ideas, and the reason is the more they can subvert common sense, the more money they make.

Exploding toaster? Yeah, I see a problem. FA gives coffee to a passenger, who spills it because someone in front of her reclines, and she sues United 2 years later? Gimme a break. I'm not drinking room temperature coffee because some lady and her contingency-seeking bottom-dwelling lawyer think they can get money out of UA.
IAH-OIL-TRASH is offline  
Old Jun 2, 2013, 12:19 am
  #45  
 
Join Date: Dec 2012
Location: WAS
Programs: AA PLT, Honors Diamond, Global Entry
Posts: 477
Originally Posted by mgcsinc
I'm happy not to play the will-my-toaster-explode lottery because some company decided that gambling on not being held liable in negligence for the occasional wrongful death claim would be cheaper than adding a 5-cent part to each toaster.
Certainly, but it's important not to conflate latent defects with open and obvious defects. No one buys a toaster with knowledge of the risk it might explode on them, but every frequent flyer knows that requesting coffee in UA economy means placing an uncovered cup of very hot liquid on a flimsy tray table attached to a movable seat.

My point isn't that UA should necessarily prevail in this suit; it may well be sensible for courts to hold UA liable for failing to offer lids to pax who order coffee. Every major fast-food establishment that serves coffee also offers lids with it, AFAIK, so why shouldn't UA (whose customers are on a plane) do the same?

Assume UA can buy coffee lids in bulk for 1 cent per lid (which from a cursory Internet search appears roughly accurate), and assume UA serves one cup of coffee per 1000 passenger-miles. This means offering coffee lids fleet-wide would cost UA just shy of $1,000,000 per year. Would it be efficient for UA to bear this cost to reduce (but not eliminate) the risk of rare severe burns to passengers, along with the risk of occasional coffee spills (and $190 ruined shirts)? I don't think there's an obvious answer to this question; without data, we're shooting in the dark here.
jbsay is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.