Energy/oil shortage ; actually not in US.

[wesleydnunder]

Re: Energy/oil shortage ; actually not in US.

Read that article carefully,

Mcdonalds knew their coffee was too hot and were told to reduce temperature of the coffee, they did not.

Initially the woman only wanted mcdonalds to pay for her medical expenses, they refused, hers was the one case they decided not to settle.

It's Mcdonalds fault for letting her case get away from them not the womans and not the legal systems.

And it wasn't a frivolous lawsuit.

Mcdonalds had a duty to reasonably maintain the temperature of their coffee and they did not, they breached their duty.  

The coffee burnt the woman causing 3rd degree burns because it was too hot.  
She may have spilled it but that does not change the fact that the coffee was too hot.

Negligence= Duty + Breach of Duty+ causation + Damages

The fact that Mcdonalds had been sued 700 times because of their coffee and settled for as high as $500,000 should have been an indication that changes needed to be made.

Let's see:

Coffee is an infusion made by pouring "boiling" water through ground, roasted coffee beans. Hmmmm...boiling.

Ever made coffee by pouring luke-warm or cool water through the grounds? It isn't very good, nor is it "coffee".

Please define "too hot".

She spazzed and spilled hot coffee on herself. Why wasn't she held responsible for not being able to balance a cup?

Mark

[geoff_tropheus]

Re: Energy/oil shortage ; actually not in US.

It was a accident, of no fault of Mcdonalds.

The coffee was brewed and made ready at the recomended temperatures from their supplier of the beans for optimum taste.

So, because McDonalds had their coffee at 20deg higher temperature than other surrounding stores, this makes them at fault for half a million??

I understand that Mcdonalds was stupid not to help pay/pay all for some medical bills especially if they had already set that precedent in other cases.

Does this mean I can sue Dr.Pepper because Big Red spilled in my car and stained the seat?

Man this ice cream is too cold, I got a brain freeze...where's my lawyer?

[Aculeus]

Re: Energy/oil shortage ; actually not in US.

Hmm so I don't have any common sense because I happen to know how the civil legal system works in this country....

I could pretend to be surprised by the attitude expressed by you, Imaguygeek, but nowadays people are always talking from a position of ignorance lol.

At what point do you think Mcdonalds should have first tried to fight this in court?  The first time it happened or the 701st?

Why would Mcdonalds pay up to $500,000 to settle earlier incidents?  

I hope for your sake you're never in a position where your rights are being infringed on or some tort occurs
but then again you probably wouldn't realize what was happening to you, even if it burned you on the ***,
so to speak.

[rrocket2002]

Re: Energy/oil shortage ; actually not in US.

<===~~

[Brownsnoutuk]

Re: Energy/oil shortage ; actually not in US.

I think as long as the coffee carton says HOT!! then you must be pretty stupid to drink straight from it. If you drop it on yourself then its your own fault and you shouldnt sue someone because of it.

That person should be locked up until they are competent enough not to hurt themself any further.

[ImaGuyGeek]

Re: Energy/oil shortage ; actually not in US.

Hmm so I don't have any common sense because I happen to know how the civil legal system works in this country....

I could pretend to be surprised by the attitude expressed by you, Imaguygeek, but nowadays people are always talking from a position of ignorance lol.

At what point do you think Mcdonalds should have first tried to fight this in court?  The first time it happened or the 701st?

Why would Mcdonalds pay up to $500,000 to settle earlier incidents?  

I hope for your sake you're never in a position where your rights are being infringed on or some tort occurs
but then again you probably wouldn't realize what was happening to you, even if it burned you on the EDIT,
so to speak.

Yes. I am ignorant regarding the details of our civil legal system. I am not professionally trained in Law but I do know that frivolous lawsuits are a cost impact to consumers.

By your logic, any company that has paid a lawsuit in the past should be expected to pay out every time someone lacks reasonable judgment, personal responsability or (Yes, I am going to say it) common sense?

I KNOW that if I put my hand in a pot of boiling water, I will be burned. If I do it again, I have not learned and am not using common sense or I am just not intelligent enough to be safe on my own or around others without supervision to keep me from hurting myself or others.

Now, "Common Sense"

American Heritage Dictionary - Cite This Source - Share This
common sense  
n.   Sound judgment not based on specialized knowledge; native good judgment.

I personally believe in the odd notion of personal responsibility. I know this is not common but it is my belief.

I think this woman should have been arrested for operating a motor vehicle in an unsafe manner by not being able to control the environment and spilling a "Hot" beverage in her lap while operating her motor vehicle. She lacks sound judgment and is clearly a threat to herself and everyone else on the road with her. She could have killed someone. Yet attorney's who make 1/3rd on these cases have managed to take "Common Sense" completely out of the equation and these people continue to be rewarded.

I am also well aware of when I am being disenfranchised and when I have just done something stupid.

[Aculeus]

Re: Energy/oil shortage ; actually not in US.

Last post.

If the case was truely meritless the judge would not have let it survive summary judgment, let alone appeal.

Case was not frivolous.

And never forget that all these companies that "have to" pass the cost of litigation to their customers (dumb argument)
will not hesitate one millionth of a nano second to sue anyone they think wronged them in any manner.

Companies use litigation every fricken day to get what they want, then lament our "over litigious society" that "causes" their costs to go up, it is hilarious, seriously hypocrite much?  LOL

Why should the general public not have the same right?  

I say enjoy your rights don't limit them, nothing wrong with suing, no one is guaranteed victory in court.

[ImaGuyGeek]

Re: Energy/oil shortage ; actually not in US.

Last post.

If the case was truely meritless the judge would not have let it survive summary judgment, let alone appeal.

Case was not frivolous.

And never forget that all these companies that "have to" pass the cost of litigation to their customers (dumb argument)
will not hesitate one millionth of a nano second to sue anyone they think wronged them in any manner.

Companies use litigation every fricken day to get what they want, then lament our "over litigious society" that "causes" their costs to go up, it is hilarious, seriously hypocrite much?  LOL

Why should the general public not have the same right?  

I say enjoy your rights don't limit them, nothing wrong with suing, no one is guaranteed victory in court.

So judges are always right??? They don't have personal politics, feelings or gains in mind when accepting or ruling on cases??? Wow, it must be nice to be that naive. Big cases draw big attention and lawyers and judges grow careers by drawing this attention. I would say that is winning in court.

My experience (not fact) is that most legal wrangling between corporations is used for positioning and not for absurd personal gain. The only people consistently making massive personal gain from consistently going to court are the attorneys.

By your logic, we should all just perpetuate the problem and wait for our opportunity to sue??? Or should we go out looking for it?

[Aculeus]

Re: Energy/oil shortage ; actually not in US.

I was going to post something more but I couldn't do it without highlighting your, (unintentional, understandable, and admitted) ignorance (again)
and turning rude so I'm just going to politely bow out of the conversation.
Take care.

[blacksmith37]

Re: Energy/oil shortage ; actually not in US.

Sorry, I didn't post clearly for those not familar with the industry; YES there are thousands of offshore platforms off of TX, LA  and AK, they produce about 25% of US oil . Most are small, unmanned. There is some production off CA, MS GA, but what I meant was these  last areas cannot be expanded , Also FL and the balance of the east and west costs are banned for oil production.  So ,there can be no NEW oil production from about 90% of US coastline.
A footnote, I wasn' sure about Italy, but I saw in a trade journal even Italy has 100 platforms in the Adriatic.

[geoff_tropheus]

Re: Energy/oil shortage ; actually not in US.

This came up today, and I was really suprised, and I thought I would share this with each of you.

2 Friday's ago, a draftsman in our department was T-Boned by a driver who ran a stop sign.

The draftsman was a little sore the next day, but recovered fine with some rest.  The damage to her truck was not real severe and it looks like it can be fixed for about 8 grand.

Starting on Monday afternoon of last week, she got cards, phone calls, and letters all week long from all kinds of injury lawyers and doctors wanting to treat her, or represent her.

Wierd world..

[Delock]

Re: Energy/oil shortage ; actually not in US.

That happen all the time when you are not at fault........

[ImaGuyGeek]

Re: Energy/oil shortage ; actually not in US.

I would bet all those attorney's and doctor's who contacted her are simply worried about her rights and well being.  

Damn automobile companies probably violated her rights.