Lady: Get your head out of your ass!

[wingsB4rings]

I know coffee is inherently very hot, but that's the risk you take when you buy it. I laugh (like most people do) at the fact that she thought McDonalds owed her anything at all. In an uncoordinated act of removing the lid and trying to take a sip, she spilled it. She could have maybe gotten a bit more sympathy if her story went something like: I was cut off by some nutcase behind the wheel, which lead to spilling my coffee because I had to swerve to avoid an accident. If that was the case, you could expect her to point the finger.

Think about it...who's fault would it be if you bought steak knives, then cut your finger off while using them?

While injury to anyone is sad and unfortunate, sometimes its just the fault of one's own doing (beit stupuidity, ignorance, lack of coordination, lack of responsibility, etc.), believe it or not.

 

[wink]

I haven't ever been to Yosemite to climb Half-Dome, but I bet there are not fences, guards, etc. The danger is open and obvious.

I haven't either. But you don't climb it without a permit and a brief by a Ranger either. Call that an effective fence and guard. Anyway, you would think it is obvious that if you hike in the wilderness you might encounter wild animals. There was a lawsuit in my state when a child was attacked by a Mt. Lion on a hike. The state Game and Fish was supposed to post a sign at the trial head that hikers might encounter wild life. Gun manufacturers are supposed to be liable for crimes committed by criminal with their products. Then there are the trails closed down because people fall from cliffs. There may or may not have been any lawsuits over the falls but they are closed by government risk managers in fear of lawsuits. That is the damage done by a run away tort system. It doesn't matter if the lawsuits are dismissed or won in court, the damage is done in the form of costs to defend suits from the get go to the added expense of products and services to opportunities lost from fear of lawsuit, rational or not.

 

[wink]

The danger is open and obvious. The danger is not so obvious when the kid hands you a nearly boiling cup of coffee.

How is it not. It is coffee, it is hot. If you had an expectation that putting your foot in say a hot tub was going to be safe and not burn, and then it did because of a thermostat failure, that is different. Anyone can expect spilled coffee to hurt, so you be careful. Would it have made a difference to you if she was warned that the coffee was 180 degrees and would injure her if spilled?

 

[CDOG]

How is it not. It is coffee, it is hot. If you had an expectation that putting your foot in say a hot tub was going to be safe and not burn, and then it did because of a thermostat failure, that is different. Anyone can expect spilled coffee to hurt, so you be careful.

Exactly. Everyone has a reasonable expectation that coffee is hot and that it will hurt when it is spilled. However, you do not have an expectation that it will literally melt your flesh off in seconds.

 

[wink]

Exactly. Everyone has a reasonable expectation that coffee is hot and that it will hurt when it is spilled. However, you do not have an expectation that it will literally melt your flesh off in seconds.

No not exactly. In my analogy there is absolutely no expectation of getting hurt. In the case in point one expects to be burned if coffee is spilled on them. If she is careful not to spill the expected 150 degree coffee then she is not going to spill the 180 degree coffee. As came out in the trial there were 24 million hot drink services at McDonald's for every reported injury. 1 in 24,000,000. That is something to rave about in any other circumstance. How about a mishap rate like that in NAVAIR? Hitting five balls in the Powerball lottery is only 1 in 4,000,000. The odds of being hit by lightening is 1 in 2,300,000. You are less likely to be hurt buying a dozen of the hottest coffees from McDonald's then playing in a thunderstorm. McDonald's was effectively punished for an enviable safety record by any measure. That is how the tort system goes wrong.

 

[limeyfish]

I agree with the assertion that personal responsibility for one's actions has gone the way of the dodo bird, and that the legal system is seriously screwed up on this issue. I'm in the auto industry and to see the stuff that the car makers get sued for is as insane as product liability gets. However, in this one instance, I agree that McD.s could have done something to prevent the injury.

If we built a car that had 700 complaints, and several documented injuries, on a single safety issue that issue would be addressed and corrected ASAP. For fear of lawsuits? Absolutely. Is that right? Depends on if you or someone you know is one of the injured.

As for the cite, I figured that would get some attention. The actual link sums up the facts of the case pretty concisely, without any 'slant' (outside of the opening rant). We could threadjack the threadjack if we want to start a discussion on the availability of unbiased media sources . The facts are there, just have to dig through the muck to get them. Plus, ethics instructors at big city urban universities seem to love the folks at the Center of Justice and Democracy!

 

[Harrier Dude]

58Driver is a CHICK?

That is the most shocking thing so far in this thread. I never had guessed that.

Is she? Maybe not.

I thought all chopper pilots wore womens underwear.

 

[Beans]

With regards to Nat'l Parks and warnings, etc: You can walk right off the edge of the Grand Canyon if you so please, with almost no railings to stop you. On the switchbacks going up/down, you can lose your footing and fall >1000', and it happens to people w/o the government getting sued. When I hiked down and back in one day, there were plenty of signs advising me to not do it, but there's no one there stopping you from doing many things to kill yourself there. In fact, the government will prosecute YOU for taking your child on a hike there if it's too hot and/or difficult.

 

[Scoob]

As somebody who routinely spills coffee on himself while driving to work in a country with one of the highest accident rates in the world I sympathize with the lady.

Where's that?

I'm taking my motorcycle with me to one of those squiggly countries - just curious if that's it.

 

[srqwho]

I had to pay 2500$ an eye for my corneal abrasion... I guess I should head over to the thong dept for any touch-ups later on.

I used to work at Starbucks (2 years) and you wouldn't believe the crap people would try to pull.

 

[wink]

If we built a car that had 700 complaints, and several documented injuries, on a single safety issue that issue would be addressed and corrected ASAP. For fear of lawsuits? Absolutely. Is that right? Depends on if you or someone you know is one of the injured.

I dunno. I make every effort to be completely consistent. My wife was in a bad car accident that injured her and left her with occasion pain for years. The other party was at fault, liability was not an issue. We didn't sue and she is a lawyer.

We could threadjack the threadjack if we want to start a discussion on the availability of unbiased media sources . The facts are there, just have to dig through the muck to get them.

I understand completely.

Plus, ethics instructors at big city urban universities seem to love the folks at the Center of Justice and Democracy!

Of course! The CDJ are big time liberals.

 

[BACONATOR]

I just love the Macy's Granny-panties ad that shows when viewing this thread.

 

[Oh-58Ddriver]

58Driver is a CHICK?

That is the most shocking thing so far in this thread. I never had guessed that.

Wait I thought everyone on here was. Dammit.

So is that good or bad?

Where have you been?

Thats cheating. You know people who know me. Unfair advantage over those with only cyber-knowledge.

Is she? Maybe not.

I thought all chopper pilots wore womens underwear.

But we dont TRY IT ON in the store first!!

 

[VIZKRIEG]

I think the real debate here is whether it is "McDonald's" or "MacDonald's"

It's McDowell's...

 

[porw0004]

When I was 3 I pulled a pot of coffee off the stove and spilt it all over myself. Now I have scars down the left side of my neck and shoulder... I should've sued my Grandma for leaving it there, if I wasn't too busy crapping my diapers.

p.s. JUST LET YOUR SOOUUUULL GLOOOOOWW