Matt Whiting wrote:

So you liability for something is based on how you respond to the
complaint? That is a very stupid principle. What if McDonald's had
told the truth and said we are sorry you are stupid, but being stupid is
often painful? If I walk in front of a semi on the interstate that will
hurt also. Is it the truck driver's fault or the truck maker's fault
that I got hurt?

Nope, it is based on what the jury perceives is reality and who
they think deserves the sympathy.

If the defendant convices the jury he is a heartless asshole, the
plaintiff will probably win.

If the plaintiff convices the jury he is a babbling idiot and got
what he deserved for being so stupid, the defendant probably wins.

If McDonald's had responded with, gee we are sorry that you got hurt,
but fresh coffee is hot and you should be more carefull in the future
and here's some coupons for happy meals, the outcome would have likely
been very different.


--
Jim Pennino

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