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Old March 9th 07, 11:31 AM posted to rec.aviation.piloting
Steven P. McNicoll
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Posts: 1,477
Default Insane Legal System - was SR22 Crash


"Jose" wrote in message
t...

Care to state what you believe is wrong with the one I made? No analogy
is perfect, nor is it proof, but this one is adequate to illustrate the
point.


A proper analogy compares similar situations. Your analogy compares
dissimilar situations.



The contention is that the product was =not= properly prepared. I think I
agree.


Yes, the contention is McDonalds coffee was unusually hot at 180 degrees.
The National Coffee Association advises coffee be brewed between 195-205
degrees for "optimal extraction" and then consumed immediately. If it's not
consumed immediately, the coffee should be maintained at 180-185 degrees.
Other major national coffee vendors such as Starbucks, Dunkin' Donuts,
Burger King, and Wendys serve their coffee at similar or higher temperatures
than McDonalds. Household coffee makers reach similar temperatures. My
own coffee maker produces coffee in a thermal carafe, no hot plate. Half an
hour after brewing began I poured a cup and checked the temperature with a
meat thermometer. It was just a needle width below 180 degrees.

I think I disagree with the contention.



Maybe. If the case is that somebody rents a Chevette from Avis, and when
he drives it off the lot, he zooms out into traffic, crashing into six
cars before finally coming to a stop, upside down and on fire, and further
investigation shows that Avis replaced the Chevette's engine with a 400 HP
muscle car motor and a hair trigger accelerator because their customers
"liked to go fast", it could reasonably be argued that the response of the
rented vehicle did not match the expectations of a reasonable person.

"It's a car. Press on the accelerator, it goes. Duh"


Another bad analogy. The McDonalds coffee case did not involve any product
failure, no lawfully mandated or reasonably accepted standard was exceeded



Well, no. It's "too hot".


Says who?