Most people have the wrong impression of the McDonald's hotcoffee lawsuit.
The headline reads, “Little old lady is awarded millions by
burning herself with a cup of coffee”. That statement is true but in typical
Paul Harvey style, there is a page two. After reading that proverbial page two,
you realize this case is the perfect example of the legal system PROTECTING the
consumer from a corporate Goliath. Unfortunately, many do not read page two,
and incorrectly use it to describe a subculture of opportunists who will sue
if the opportunity presents itself.
I recently read an article by a strength and conditioning
coach subtitled, "... safety first rules are making society fat and weak".
Among other things the coach talked about, schools removing climbing ropes from
gymnasiums because little Johnny might burn his hands on the hemp or nylon rope. The
author implies that this was done because schools are afraid little Johnny's
parents will sue if he comes home with burns on his hands. The coach is well
credentialed and hence very believable that is until the closing paragraphs. In
closing the coach emphasizes his point by exclaiming, "We live in a world
where people want to cash in and sue someone because they spilled a cup of
coffee on them at McDonald's". (Kerns, April 2013) I am in agreement with
this premise but the coach could not be more wrong citing the McDonald's coffee
case as an example.
As a matter of fact one juror in this case stated,” the case
was about callous disregard for the safety of the people.”(Know the Facts,
2013) That statement is the opposite of what the coach was trying to convey. Some of
the other facts of the case that do not support the coach's argument include:
- · a corporate attitude that proclaimed, “the number of burn complaints are negligible when compared to the billions of cups of coffee served each day”
- · franchises being required to brew coffee between 180 and 190°F (temperatures known to cause third-degree burns)
- · 700 previous third-degree burn complaints
To be fair the coach is not the first one to use this case
as a negative reference. Furthermore, I agree wholeheartedly with his idea that
society is slowly becoming wussificated. I just wish he had not fallen victim
to the grade school whisper game. You know the one I'm talking about. The
teacher whispers a fact to the first person in the first row and by the time it
reaches the last person in the last row it has become completely distorted.
References:
Kearns, K (April 2013) “Over Protection Is ’Not Recommended’ “,
Train Hard Fight Easy, pg. 32
"Know the Facts:" Resources for Consumers , “The McDonald’s Hot Coffee Case “ http://www.caoc.org/index.cfm?pg=facts, retrieved, 29 March 2013
"Know the Facts:" Resources for Consumers , “The McDonald’s Hot Coffee Case “ http://www.caoc.org/index.cfm?pg=facts, retrieved, 29 March 2013
