Morgans wrote:
"Jay Honeck" wrote
None of the facts, IMHO, pin ANY blame on the folks who brewed the
coffee. McDonald's was wronged, plain and simple.
I'm not sure that is right, Jay. No, I'm sure that is not right.
I'm not saying I agree with the verdict or the amount awarded, but Mc D's
does serve their coffee way too damn hot. It is reasonable to assume that
some will be spilled, on occasion. Who doesn't spill a bit of coffee, on
occasion. Anyone here that can say they have never spilled a drop of
takeout coffee on them? I doubt it. It should not be so hot that it causes
deep 3rd degree burns. When I am forced to stop there for coffee, I put ICE
in it, so I can drink it!
You would have to have the coffee at 130 degrees or less to guarantee
that a large spill such as this woman had would not cause a 3rd degree
burn. And cooler than that to avoid a second degree burn. Coffee less
than 130 degrees is not good coffee and in a car you almost couldn't
drink it fast enough to get an entire cup gone before it was lukewarm.
Sorry, but I don't want my coffee to be cooler than my shower water. If
you can't handle coffee as it is meant to be served, then may I suggest
water, soda, juice, etc., and leave coffee to those of us capable of
handling its "hazards."
http://www.cqcapd.state.ny.us/newsletter/estime.htm
That would be about as reasonable as a place serving hydrochloric acid to
their customers, in flimsy cups with lids that can pop off, and when they do
pop off, sometimes some of the acid will spill on you.
That is about the dumbest analogy I've seen in a long time.
McD's has a coffee temperature policy that places them wide open for
damages. That is for places that maintain the target temperatures. This
one place was more than likely well above the target temperature.
And what do you consider to be the safe target temperature?
You should not put coffee between your legs and take off the lid, no doubt.
You should not pay for it with widespread 3rd degree burns, and skin grafts,
though.
I disagree. What if the accident had been someone lighting a cigarette
while fueling their car with similar resulting 3rd degree burns? Would
you suggest that we ban gasoline given its flammability?
Matt