After reading about the Liebeck Vs. McDonald’s case, I was surprised that a person could sue because the individual burned themselves on coffee. It is general knowledge that freshly brewed coffee is going to be hot. However, the more I read into the case, the more shocked I was at how much damage the hot coffee caused. I did not realize that it burned the plaintiff’s thighs, genitals, muscles, and fatty tissues. I did not know that the woman was hospitalized for over a week and needed skin grafts. McDonald’s should not serve coffee that is 30 degrees more than other franchises (Burtka, 2016). There is no need for that to happen.
I think that McDonald’s should be held liable under the theory of strict liability. Even though McDonald’s was not directly at fault for the burns and did not spill the coffee on the woman, it was their hot product that burned the lady (What is a strict liability cause of action?, 2017). McDonald’s also refused to settle the case for $20,000 and only wanted to give the plaintiff $800, which did not even come close to cover medical bills. The restaurant’s lack of caring and concern for the woman is appalling. That is not making up for the hot coffee. Therefore, they deserved to pay over $600,000 to the plaintiff (Burtka, 2016).
Yes, I do agree with the jury that $2.7 million dollars should have been awarded to the plaintiff. I feel that the comparative negligence that reduced the amount of compensation to under $500,000 was wrong. The woman was just drinking coffee in the car, while her grandson drove. There is nothing wrong with doing that. If she had been driving, then it would be partly her fault for spilling the coffee. McDonald’s has also had other instances where people have been burned. Therefore, they should have lowered their coffee temperatures. However, they did not change to make things safer for their customers, which is why the $2.7 million was warranted (Burtka, 2016).
- Burtka, A. (2016). Liebeck v. McDonald’s. Retrieved from American Museum of Tort Law: https://www.tortmuseum.org/liebeck-v-mcdonalds/
- What is a strict liability cause of action? (2017). Retrieved from Free Law Advice.com: https://law.freeadvice.com/litigation/legal_remedies/strict-liability-cause-of-action.htm
