Woman Sues Google Over Dangerous Directions

Off Topic
61

[quote]pushharder wrote:

[quote]LankyMofo wrote:

Read my link - it clearly states that she was in the passenger seat and the driver pulled over so she could add the cream and sugar.
[/quote]

If I’m a juror I am STILL thinking…“Maybe an 81 year old woman with palsy has no business taking the lid off a hot cup of coffee that is resting in her lap EVEN though she is sitting in the passenger seat.”

McDonalds always has a condiment counter INSIDE its facilities and that just might be an excellent place for an 81 year old woman with palsy to add sugar and cream to her hot coffee.

I am a 49 year old with no palsy and even though I drink my coffee black I would be STANDING inside the restaurant if I was going to be fiddling around with the lid of my cup

OR

I would be pulling into one of the convenient parking places provided by EvilMcDonalds, getting out of the vehicle, putting the cup on the hood of car and fiddling with it there

OR

Ask the driver of my car who hopefully doesn’t have palsy and is younger than me to add my cream and sugar out of common sense and common courtesy.

The next thing you know someone will sue MalevolentMcDonalds because they asked for no catsup or mayo on their Big Mac but MalignantMcDonalds did it anyway. This caused the driver to have greasy, slippery hands in traffic which in turn kept them from having a good grip on the steering wheel which in turn caused the driver to plow their EarthRapingSuburban into a schoolbus full of kids with palsy which in turn ran over a propane tank causing a huge explosion in downtown Peoria, Illinois thus eliciting the suspicion of terrorism and the deaths of dozens of innocent lives.

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

The average person doesn’t act in the most perfect hindsight-is-20/20 manner at all times. The “reasonable man” standard doesn’t require that you take the best action, only that you take a reasonable action. “The reasonable person takes proper but not excessive precautions.”

McDoggies gives you cream and sugar when they give you your drive through coffee…they aren’t expecting you to take the precautions you apparently take.

62

[quote]pushharder wrote:

[quote]LankyMofo wrote:

Read my link - it clearly states that she was in the passenger seat and the driver pulled over so she could add the cream and sugar.
[/quote]

If I’m a juror I am STILL thinking…“Maybe an 81 year old woman with palsy has no business taking the lid off a hot cup of coffee that is resting in her lap EVEN though she is sitting in the passenger seat.”

McDonalds always has a condiment counter INSIDE its facilities and that just might be an excellent place for an 81 year old woman with palsy to add sugar and cream to her hot coffee.

I am a 49 year old with no palsy and even though I drink my coffee black I would be STANDING inside the restaurant if I was going to be fiddling around with the lid of my cup

OR

I would be pulling into one of the convenient parking places provided by EvilMcDonalds, getting out of the vehicle, putting the cup on the hood of car and fiddling with it there

OR

Ask the driver of my car who hopefully doesn’t have palsy and is younger than me to add my cream and sugar out of common sense and common courtesy.

The next thing you know someone will sue MalevolentMcDonalds because they asked for no catsup or mayo on their Big Mac but MalignantMcDonalds did it anyway. This caused the driver to have greasy, slippery hands in traffic which in turn kept them from having a good grip on the steering wheel which in turn caused the driver to plow their EarthRapingSuburban into a schoolbus full of kids with palsy which in turn ran over a propane tank causing a huge explosion in downtown Peoria, Illinois thus eliciting the suspicion of terrorism and the deaths of dozens of innocent lives.

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

They did find her 20% liable so I’m guessing they factored in all of that.

I’m not saying how I would have judged this case because I was not a juror and I’m sure we still don’t know all of the facts or how they were presented. Presentation is a big deal, as well.

I just posted a link so everyone gets a different perspective other than “Coffee is supposed to be hot!”

63

[quote]pushharder wrote:

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

I hear they support Planned Parenthood, maybe sue for poor moral hamburger service?

64

[quote]countingbeans wrote:

[quote]pushharder wrote:

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

I hear they support Planned Parenthood, maybe sue for poor moral hamburger service?[/quote]

Yeah, on behalf of all those uneaten hamburgers that are wasted when people pour coffee into their crotches.

67

[quote]pushharder wrote:

[quote]LankyMofo wrote:

They did find her 20% liable so I’m guessing they factored in all of that.

I’m not saying how I would have judged this case because I was not a juror and I’m sure we still don’t know all of the facts or how they were presented. Presentation is a big deal, as well.

I just posted a link so everyone gets a different perspective other than “Coffee is supposed to be hot!”
[/quote]

I agree and I am making all my comments based on what I know. As you suggest there may be other non-considered circumstances.

However, $2.9 million? Sorry, that is just plain and simple, "Aw shit, SchmackDonalds has plenty of money…let’s “redistribute the wealth” thinking.[/quote]

I agree, and it was drastically reduced to $680k and later settled for an unknown amount which I’m guessing was certainly less than the $680k.

68

[quote]pushharder wrote:

[quote]pushmepullme wrote:

The average person doesn’t act in the most perfect hindsight-is-20/20 manner at all times. The “reasonable man” standard doesn’t require that you take the best action, only that you take a reasonable action. “The reasonable person takes proper but not excessive precautions.”

McDoggies gives you cream and sugar when they give you your drive through coffee…they aren’t expecting you to take the precautions you apparently take.[/quote]

So you’re gonna side with the plaintiff in the catsup on the steering wheel case too? After all, McDoggies gives you catsup when they give you your drive-thru Big Mac.[/quote]

No, and you’re just trying to bait me because you know I’m an attorney. I’m just saying your examples of how perfectly reasonable people should act aren’t real world, and the courts don’t expect perfect action at all times. Imperfect action should not terminate a valid claim.

69

[quote]LankyMofo wrote:

[quote]kross001 wrote:

[quote]OctoberGirl wrote:

Here you go, thanks Lanky, I think you had a better link, but this one is also pretty good.

http://www.stellaawards.com/stella.html

The woman had every right to sue.[/quote]
The article sites the National Coffee Association recommending an optimal serving temperature of >185 degrees. I guess mentioning that helps make third degree burns justifiable. [/quote]

The article I posted mentions there is no benefit to keeping coffee that hot, so like always, there are a multitude of opinions to choose from.[/quote]

I wasn’t disagreeing I was being sarcastic. I too see no benefit in coffee that hot.

70

[quote]kross001 wrote:

[quote]LankyMofo wrote:

[quote]kross001 wrote:

[quote]OctoberGirl wrote:

Here you go, thanks Lanky, I think you had a better link, but this one is also pretty good.

http://www.stellaawards.com/stella.html

The woman had every right to sue.[/quote]
The article sites the National Coffee Association recommending an optimal serving temperature of >185 degrees. I guess mentioning that helps make third degree burns justifiable. [/quote]

The article I posted mentions there is no benefit to keeping coffee that hot, so like always, there are a multitude of opinions to choose from.[/quote]
I wasn’t disagreeing I was being sarcastic. I too see no benefit in coffee that hot.[/quote]

Sorry, I feel like such a failure I didn’t pick up on that.

71

[quote]LankEyMofo wrote:

[quote]kross001 wrote:

[quote]LankEyMofo wrote:

[quote]kross001 wrote:

[quote]OctoberGirl wrote:

Here you go, thanks LankEy, I think you had a better link, but this one is also pretty good.

http://www.stellaawards.com/stella.html

The woman had every right to sue.[/quote]
The article sites the National Coffee Association recommending an optimal serving temperature of >185 degrees. I guess mentioning that helps make third degree burns justifiable. [/quote]

The article I posted mentions there is no benefit to keeping coffee that hot, so like always, there are a multitude of opinions to choose from.[/quote]
I wasn’t disagreeing I was being sarcastic. I too see no benefit in coffee that hot.[/quote]

Sorry, I feel like such a failure I didn’t pick up on that.[/quote]

You are.

72

[quote]pushharder wrote:

The next thing you know someone will sue MalevolentMcDonalds because they asked for no catsup or mayo on their Big Mac but MalignantMcDonalds did it anyway. This caused the driver to have greasy, slippery hands in traffic which in turn kept them from having a good grip on the steering wheel which in turn caused the driver to plow their EarthRapingSuburban into a schoolbus full of kids with palsy which in turn ran over a propane tank causing a huge explosion in downtown Peoria, Illinois thus eliciting the suspicion of terrorism and the deaths of dozens of innocent lives.

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

Jesus, don’t give them any ideas Push…

73

Stupid retarded bitch.Although with some of the lawsuit victories I’ve read about in the states,I wouldn’t be surprised if she gets her 100,000

74

[quote]ron22 wrote:

[quote]pushharder wrote:

The next thing you know someone will sue MalevolentMcDonalds because they asked for no catsup or mayo on their Big Mac but MalignantMcDonalds did it anyway. This caused the driver to have greasy, slippery hands in traffic which in turn kept them from having a good grip on the steering wheel which in turn caused the driver to plow their EarthRapingSuburban into a schoolbus full of kids with palsy which in turn ran over a propane tank causing a huge explosion in downtown Peoria, Illinois thus eliciting the suspicion of terrorism and the deaths of dozens of innocent lives.

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

Jesus, don’t give them any ideas Push…
[/quote]

Here is the argument I’d make:

  • The old lady was aware of the physical danger of spilling the coffee. This is evident by the fact that she asked for a large cup that wasn’t completely filled (in addition pulling the car over and such).

  • Also given the weight and feel of a full large cup, it’s evident that she was aware that they had filled the cup.

  • Given both of those facts, her decision to go ahead and open the full cup of coffee becomes entirely her responsibility.

  • In closing she was obviously entirely aware of the dangers involved in hot coffee, and McD should not be responsible for injuries of someone who willingly and knowingly risked being burned simply because they messed up a specialty order.

It’s essentially like a guy who is allergic to pickles telling them no pickles, getting a burger with pickles, seeing the pickles, and then eating it anyway. She knew that the coffee could burn her and that the cup was full and decided to remove the lid anyway.

75

[quote]DoubleDuce wrote:

[quote]ron22 wrote:

[quote]pushharder wrote:

The next thing you know someone will sue MalevolentMcDonalds because they asked for no catsup or mayo on their Big Mac but MalignantMcDonalds did it anyway. This caused the driver to have greasy, slippery hands in traffic which in turn kept them from having a good grip on the steering wheel which in turn caused the driver to plow their EarthRapingSuburban into a schoolbus full of kids with palsy which in turn ran over a propane tank causing a huge explosion in downtown Peoria, Illinois thus eliciting the suspicion of terrorism and the deaths of dozens of innocent lives.

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

Jesus, don’t give them any ideas Push…
[/quote]

Here is the argument I’d make:

  • The old lady was aware of the physical danger of spilling the coffee. This is evident by the fact that she asked for a large cup that wasn’t completely filled (in addition pulling the car over and such).

  • Also given the weight and feel of a full large cup, it’s evident that she was aware that they had filled the cup.

  • Given both of those facts, her decision to go ahead and open the full cup of coffee becomes entirely her responsibility.

  • In closing she was obviously entirely aware of the dangers involved in hot coffee, and McD should not be responsible for injuries of someone who willingly and knowingly risked being burned simply because they messed up a specialty order.

It’s essentially like a guy who is allergic to pickles telling them no pickles, getting a burger with pickles, seeing the pickles, and then eating it anyway. She knew that the coffee could burn her and that the cup was full and decided to remove the lid anyway.[/quote]

What if McDonald’s harvested their pickles to be more hyper-allergenic than normal for absolutely no reason, despite prior complaints and research that suggests they should do otherwise?

Edited for spelling/grammar.

76

[quote]wigsa wrote:
Stupid retarded bitch.[/quote]

I hope karma breaks its foot off so far up your ass you spit it out.

77

[quote]countingbeans wrote:

[quote]wigsa wrote:
Stupid retarded bitch.[/quote]

I hope karma breaks its foot off so far up your ass you spit it out.[/quote]
X2

78

[quote]LankyMofo wrote:

[quote]DoubleDuce wrote:

[quote]ron22 wrote:

[quote]pushharder wrote:

The next thing you know someone will sue MalevolentMcDonalds because they asked for no catsup or mayo on their Big Mac but MalignantMcDonalds did it anyway. This caused the driver to have greasy, slippery hands in traffic which in turn kept them from having a good grip on the steering wheel which in turn caused the driver to plow their EarthRapingSuburban into a schoolbus full of kids with palsy which in turn ran over a propane tank causing a huge explosion in downtown Peoria, Illinois thus eliciting the suspicion of terrorism and the deaths of dozens of innocent lives.

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

Jesus, don’t give them any ideas Push…
[/quote]

Here is the argument I’d make:

  • The old lady was aware of the physical danger of spilling the coffee. This is evident by the fact that she asked for a large cup that wasn’t completely filled (in addition pulling the car over and such).

  • Also given the weight and feel of a full large cup, it’s evident that she was aware that they had filled the cup.

  • Given both of those facts, her decision to go ahead and open the full cup of coffee becomes entirely her responsibility.

  • In closing she was obviously entirely aware of the dangers involved in hot coffee, and McD should not be responsible for injuries of someone who willingly and knowingly risked being burned simply because they messed up a specialty order.

It’s essentially like a guy who is allergic to pickles telling them no pickles, getting a burger with pickles, seeing the pickles, and then eating it anyway. She knew that the coffee could burn her and that the cup was full and decided to remove the lid anyway.[/quote]

What if McDonald’s harvested their pickles to be more hyper-allergenic than normal for absolutely no reason, despite prior complaints and research that suggests they should do otherwise?

Edited for spelling/grammar.[/quote]

That comparison is flawed. You are talking about taking something entirely non-dangerous to the public and making it dangerous to them. going from being able to eat pickles to not being able to eat pickles. It is never ok to pour coffee in your lap.

If you are going to apply that hyper-allergic pickle to the guy in my scenario who knows ahead of time pickles are harmful for him to eat, then yes, once again, I don’t think MCds is responsible.

Aditionally, pickle allergic-ness isn’t something a reasonable person would check about their hamburger, coffee temp is. A reasonable person wouldn’t chug a cup of coffee thats handed to them assuming its at a drinkable temp.

The other big question I’d ask is whether she gotten McDs coffee before. If she had, she would have known exactly how hot it was, returning to get more of the same coffee having experienced it before even further makes it her responsibility. I’m betting she’d had it before.

79

[quote]DoubleDuce wrote:

[quote]LankyMofo wrote:

[quote]DoubleDuce wrote:

[quote]ron22 wrote:

[quote]pushharder wrote:

The next thing you know someone will sue MalevolentMcDonalds because they asked for no catsup or mayo on their Big Mac but MalignantMcDonalds did it anyway. This caused the driver to have greasy, slippery hands in traffic which in turn kept them from having a good grip on the steering wheel which in turn caused the driver to plow their EarthRapingSuburban into a schoolbus full of kids with palsy which in turn ran over a propane tank causing a huge explosion in downtown Peoria, Illinois thus eliciting the suspicion of terrorism and the deaths of dozens of innocent lives.

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

Jesus, don’t give them any ideas Push…
[/quote]

Here is the argument I’d make:

  • The old lady was aware of the physical danger of spilling the coffee. This is evident by the fact that she asked for a large cup that wasn’t completely filled (in addition pulling the car over and such).

  • Also given the weight and feel of a full large cup, it’s evident that she was aware that they had filled the cup.

  • Given both of those facts, her decision to go ahead and open the full cup of coffee becomes entirely her responsibility.

  • In closing she was obviously entirely aware of the dangers involved in hot coffee, and McD should not be responsible for injuries of someone who willingly and knowingly risked being burned simply because they messed up a specialty order.

It’s essentially like a guy who is allergic to pickles telling them no pickles, getting a burger with pickles, seeing the pickles, and then eating it anyway. She knew that the coffee could burn her and that the cup was full and decided to remove the lid anyway.[/quote]

What if McDonald’s harvested their pickles to be more hyper-allergenic than normal for absolutely no reason, despite prior complaints and research that suggests they should do otherwise?

Edited for spelling/grammar.[/quote]

That comparison is flawed. You are talking about taking something entirely non-dangerous to the public and making it dangerous to them. going from being able to eat pickles to not being able to eat pickles. It is never ok to pour coffee in your lap.

If you are going to apply that hyper-allergic pickle to the guy in my scenario who knows ahead of time pickles are harmful for him to eat, then yes, once again, I don’t think MCds is responsible.

Aditionally, pickle allergic-ness isn’t something a reasonable person would check about their hamburger, coffee temp is. A reasonable person wouldn’t chug a cup of coffee thats handed to them assuming its at a drinkable temp.

The other big question I’d ask is whether she gotten McDs coffee before. If she had, she would have known exactly how hot it was, returning to get more of the same coffee having experienced it before even further makes it her responsibility. I’m betting she’d had it before.[/quote]

IMO, you’re missing the forrest through the trees (or whatever the fuck that phrase is). Sure, she’s personally responsible but that doesn’t negate ALL of McD’s responsibility. Sure, if she hadn’t spilled the coffee nothing bad would have happened. But if McD’s didn’t keep their coffee so hot nothing (that) bad would have happened. If McD’s didn’t fuck up the order some of the injuries may have been avoided.

There is obviously blame to go around, pinning it all on the lady seems unfair (to me).

80

[quote]LankyMofo wrote:

[quote]DoubleDuce wrote:

[quote]LankyMofo wrote:

[quote]DoubleDuce wrote:

[quote]ron22 wrote:

[quote]pushharder wrote:

The next thing you know someone will sue MalevolentMcDonalds because they asked for no catsup or mayo on their Big Mac but MalignantMcDonalds did it anyway. This caused the driver to have greasy, slippery hands in traffic which in turn kept them from having a good grip on the steering wheel which in turn caused the driver to plow their EarthRapingSuburban into a schoolbus full of kids with palsy which in turn ran over a propane tank causing a huge explosion in downtown Peoria, Illinois thus eliciting the suspicion of terrorism and the deaths of dozens of innocent lives.

All because WickedMcDonalds put catsup on a hamburger. Sue them, huh?[/quote]

Jesus, don’t give them any ideas Push…
[/quote]

Here is the argument I’d make:

  • The old lady was aware of the physical danger of spilling the coffee. This is evident by the fact that she asked for a large cup that wasn’t completely filled (in addition pulling the car over and such).

  • Also given the weight and feel of a full large cup, it’s evident that she was aware that they had filled the cup.

  • Given both of those facts, her decision to go ahead and open the full cup of coffee becomes entirely her responsibility.

  • In closing she was obviously entirely aware of the dangers involved in hot coffee, and McD should not be responsible for injuries of someone who willingly and knowingly risked being burned simply because they messed up a specialty order.

It’s essentially like a guy who is allergic to pickles telling them no pickles, getting a burger with pickles, seeing the pickles, and then eating it anyway. She knew that the coffee could burn her and that the cup was full and decided to remove the lid anyway.[/quote]

What if McDonald’s harvested their pickles to be more hyper-allergenic than normal for absolutely no reason, despite prior complaints and research that suggests they should do otherwise?

Edited for spelling/grammar.[/quote]

That comparison is flawed. You are talking about taking something entirely non-dangerous to the public and making it dangerous to them. going from being able to eat pickles to not being able to eat pickles. It is never ok to pour coffee in your lap.

If you are going to apply that hyper-allergic pickle to the guy in my scenario who knows ahead of time pickles are harmful for him to eat, then yes, once again, I don’t think MCds is responsible.

Aditionally, pickle allergic-ness isn’t something a reasonable person would check about their hamburger, coffee temp is. A reasonable person wouldn’t chug a cup of coffee thats handed to them assuming its at a drinkable temp.

The other big question I’d ask is whether she gotten McDs coffee before. If she had, she would have known exactly how hot it was, returning to get more of the same coffee having experienced it before even further makes it her responsibility. I’m betting she’d had it before.[/quote]

IMO, you’re missing the forrest through the trees (or whatever the fuck that phrase is). Sure, she’s personally responsible but that doesn’t negate ALL of McD’s responsibility. Sure, if she hadn’t spilled the coffee nothing bad would have happened. But if McD’s didn’t keep their coffee so hot nothing (that) bad would have happened. If McD’s didn’t fuck up the order some of the injuries may have been avoided.

There is obviously blame to go around, pinning it all on the lady seems unfair (to me).
[/quote]

Okay, so a rifle company increases the mussel velocity of a rifle (much higher than competitors using the same rounds). A guy then shoots himself with the new rifle killing himself. Guys family sues rifle company because if they hadn’t increased the mussel velocity he would have survived only losing half his face.

Is the rifle company in any way responsible?

No. The guy new it was dangerous. The guy knowing used the product in a way that he knew would cause harm.

Albeit, McDs would be even less responsible than that because I’m willing to bet the lady had experienced the temperature of the coffee before.