This case deals with product liability law. The legal system was hurt by the case because there were many misperceptions created because of the sparse coverage provided. A day after the verdict a local reporter took it upon his self in going to the establishment where Mrs. The incident caused her to be hospitalized for eight days followed by two years of medical treatment. The facts in the Liebeck case start with the incident description as recounted by Aric Press in the March 20, 1995 issue of Newsweek. City of Chicago, 130 S. At the hospital, doctors found that she had suffered third degree burns, and Ms.
Pay nothing out of your pocket. But a case like this is far from frivolous. It sold hamburgers, cheeseburgers, fries, soft drinks, and milk… Words 1106 - Pages 5 continue to change. People should be responsible for their own recklessness. Certain facts and confessions at trial tended to prove that even the restaurant believed it was not acting reasonably. If you believe that you have a personal injury case against a large or small corporation, do not hesitate to talk to the. The beverage was found to be at a temperature between 180-190 degrees Fahrenheit, about 70 degrees hotter than the average cup of coffee.
From that moment on, Ms. This case was shown to have comparative negligence. Stella put the cup between her knees and lifted the lid slightly. In 1955 Ray Kroc joined the company and eventually bought out the McDonald brothers for the rights of the company, eventually watching it boom. They live in a litigating society where filing for lawsuits is something they come across or hear on a daily basis. The tactics in this case blamed Mrs. The logo of McDonald's Restaurants Full case name Stella Liebeck v.
Thus, they found that the coffee was defectively manufactured. Under due care As a fast food restaurant, McDonalds serves its customers hot coffee without providing warning signs that it will harm them. This is instructive for businesses, organizations, and many people in modern, urban society. The first restaurant was opened in Des Plaines, Illinois. Also, that defect was not made known to the plaintiff. Liebeck to be partially at fault for her injuries, reducing the compensation for her injuries accordingly.
Introduction This assignment is regarding the Liebeck vs McDonalds case back in 1992. Instead, she should have put the coffee in a cup holder that cars are usually equipped. Ultimately, the reform took place; although it would not have made a difference in this case as the judge applied the formula that was legislated Press, 1995, p. The case also shows that when the actions of a defendant are particularly egregious in nature, juries may award punitive damages that far exceed the actual losses. Thus, negligence was not hard to establish. Many studies even those by the conservative Rand Institute show that only a small percentage of those injured file a lawsuit against their transgressor. Ultimately, the consumer drives the business.
Thus, instances like these would do not happen. Establishments now are becoming conscious based upon overseeing, regulating, and establishing policies and custom forms to business operators and employees in taking cautions in avoiding foodborne illnesses and organizational food safety promotions. The original punitive damage award was ultimately reduced by more than 80 percent by the judge. This incident caused third degree burns on 16 percent of her body; she was hospitalized for eight days, had extensive skin treatment, skin grafts, and permanent scars and became disabled for two years. We never charge a fee unless there is a recovery for you. McDonald's claimed that the reason for serving such hot coffee in its drive-through windows was that those who purchased the coffee typically were commuters who wanted to drive a distance with the coffee; the high initial temperature would keep the coffee hot during the trip.
Specialist have indicated the policy current to serving hot co? The entire contents of the cup spilled into her lap, burning her severely. While parked, Liebeck put the coffee cup between her knees and removed the lid to add cream and sugar, and she spilled it. The verdict which awarded Stella Liebeck, the plaintiff, punitive and compensatory damages has led many people to question whether or not this was a case of the growing litigation crisis America or the growing crisis of injuries in America. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. Over the years, the case has become part cautionary tale, part urban legend, and individuals seeking confirmation of even the most basic facts of the case have encountered great difficulty in part because the case resulted in no formal appellate opinion setting forth its factual and procedural background. The facts, issues, laws, ethical issues, and jury decision for both cases, as. Of course, it all came down to expert testimony.
The number settled on was equivalent roughly to two days worth of coffee sales companywide Gerlin, 1994, p. McDonalds Restaurants Full case name Stella Liebeck v. It only cost her 49 cents but it serving her that drink would cost the restaurant a lot more than that when it was all said and done. She then placed the styrofoam cup between her legs, thus freeing her two hands in order to be able to remove the lid Letric Law, 2011. McDonald's Restaurants is often used and misused to describe a frivolous lawsuit and referenced in conjunction with tort reform efforts. Past results are not a guarantee of results in a future case, and the outcome of your case or matter cannot be predicated based upon a lawyer's or our law firm's past results.
But even native manufacturers are producing products that are defective and unsafe. While the car was not moving, but said to have been stopped at the time, Stella had the McDonalds cup of coffee between her legs and as she tried to open the lid the cup tipped over and burned her. Liebeck being twenty percent at negligent. She was rushed to the emergency room and had to stay for a week in the hospital. She was not driving while she was trying to drink her coffee, and she spilled it when the car was parked and not moving.
Risk Management, 51, 2, p. The coffee that burned Stella Liebeck was dangerously hot—hot enough to cause third-degree burns, even through clothes, in three seconds. The issue was that the coffee was heated by the restaurant to more than 180 degrees, which was hot enough to cause severe burns within seconds. When she did, she spilled some of the coffee onto her lap. However, it came to light that McDonald's had done research which indicated that customers intend to consume the coffee immediately while driving. The issues, applicable laws and the conclusion the jury reached will also be covered as well as the subsequent impacts on American tort law following this decision.