How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
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How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
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Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#2If you are interested and have time watch the "Hot Coffee" documentary.
It explores this very case and issues related to it.
http://dvd.netflix.com/Movie/Hot-Coffee/70167106?trkid=22233...
It was interesting to me because I had heard about it, or rather was told about it this lawsuit and what I was told and believed about that case was wrong for the longest time. This film explores how that PR effort started and how successful it was.
Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#3I would say police abuse does appear to be a serious problem and lawsuits are probably the main thing that keep it in check. The departments themselves don't seem to deal with offending officers properly very often. It always pains me to see settlements and the offending officers returning to duty with little repercussion.
Interesting article.
Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#4My wife is a defense attorney that works claims litigation, e.g insurance defense for carriers. Watching "Hot Coffee" was very difficult for her. Part of her job during the pre-trial phase of any case is to push as much potential liability on a claimant as possible and push for mediation; trial should be avoided at all cost. |If a case goes to trial it is her job to make the claimant liable (enough) so that the damages are split better.
For 'frivolous cases' to actually hit trial months of depositions, research, and meditations have to fail. If a case actually goes to trial it's because one side feels so confident in their case that mediation is not an option.
As a side note, in insurance cases in Texas, the jury is not allowed to know that any insurance money has been paid. So in a situation where someone is hurt in an accident by another driver then sues for medical expenses, the jury is not told that the medical expenses (are often) already paid for by the carriers. They're also not told that, no matter how much money they award, if it falls under the civil caps on awards (in Texas) that the judge will automatically lower their award after they leave the court room.
Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#5I've always (and I mean always; I've long been aware about the real story) thought the comments about the coffee lawsuit were extremely cruel. 'Oh, hot coffee fell on her lap and burned her, and she sued for millions in damages!' - hot coffee at an unreasonably high temperature fell on her lap and gave her third-degree burns. To suggest she was suing over something trivial is horribly disrespectful to a woman who suffered that.
Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#6I've always (and I mean always; I've long been aware about the real story) thought the comments about the coffee lawsuit were extremely cruel. 'Oh, hot coffee fell on her lap and burned her, and she sued for millions in damages!' - hot coffee at an unreasonably high temperature fell on her lap and gave her third-degree burns . To suggest she was suing over something trivial is horribly disrespectful to a woman who su…
Sorry, I'm still someone who doesn't get it. Coffee is brewed hot (195 - 205 degrees F), and I personally like it to be freshly brewed as I drink it. As I very carefully sipped my fresh Starbucks coffee today at the mall, I was very conscious of the fact that I had a hot beverage in my hand. If I had accidentally spilled the coffee on myself or others it could have caused some serious burns... who else's fault would it have been but my own? Would it have been Starbuck's fault? I just can't adjust my thinking to making that so.
If I had gone into Williams & Sonoma and carelessly stabbed someone with a kitchen knife. Would that have been W&S's fault? It just makes no sense to me how we want to hold others responsible for giving us what we've asked for.
Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#7The only part of the bill of rights that hasn't been under relentless attack in the last few decades has been the 3rd Amendment. I'm sure if we give it time that'll happen soon enough too.
Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#8I've always (and I mean always; I've long been aware about the real story) thought the comments about the coffee lawsuit were extremely cruel. 'Oh, hot coffee fell on her lap and burned her, and she sued for millions in damages!' - hot coffee at an unreasonably high temperature fell on her lap and gave her third-degree burns . To suggest she was suing over something trivial is horribly disrespectful to a woman who su…
Sorry, I'm still someone who doesn't get it. Coffee is brewed hot (195 - 205 degrees F), and I personally like it to be freshly brewed as I drink it. As I very carefully sipped my fresh Starbucks coffee today at the mall, I was very conscious of the fact that I had a hot beverage in my hand. If I had accidentally spilled the coffee on myself or others it could have caused some serious burns... who else's fault would…
Have you seen the documentary?
Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#9I've always (and I mean always; I've long been aware about the real story) thought the comments about the coffee lawsuit were extremely cruel. 'Oh, hot coffee fell on her lap and burned her, and she sued for millions in damages!' - hot coffee at an unreasonably high temperature fell on her lap and gave her third-degree burns . To suggest she was suing over something trivial is horribly disrespectful to a woman who su…
Sorry, I'm still someone who doesn't get it. Coffee is brewed hot (195 - 205 degrees F), and I personally like it to be freshly brewed as I drink it. As I very carefully sipped my fresh Starbucks coffee today at the mall, I was very conscious of the fact that I had a hot beverage in my hand. If I had accidentally spilled the coffee on myself or others it could have caused some serious burns... who else's fault would…
I read an overview of the facts of the case a few years back, so I'm recalling from a possibly faulty memory.
This coffee was being over-brewed at higher-than-normal temperatures because the McDonalds franchise was being greedy and attempting to extract more coffee out of the grounds.
This exact same franchise had gotten past customer complaints about the dangerously hot coffee burning people.
I and my father have spilled decent amounts of normal temperature coffee on our laps in the car, it barely caused any burns at all, let alone third degree.
The coffee was excessively hot and the franchise was negligent.
Re: How A Lawsuit Over Hot Coffee Helped Erode the 7th Amendment
#10I've always (and I mean always; I've long been aware about the real story) thought the comments about the coffee lawsuit were extremely cruel. 'Oh, hot coffee fell on her lap and burned her, and she sued for millions in damages!' - hot coffee at an unreasonably high temperature fell on her lap and gave her third-degree burns . To suggest she was suing over something trivial is horribly disrespectful to a woman who su…
Sorry, I'm still someone who doesn't get it. Coffee is brewed hot (195 - 205 degrees F), and I personally like it to be freshly brewed as I drink it. As I very carefully sipped my fresh Starbucks coffee today at the mall, I was very conscious of the fact that I had a hot beverage in my hand. If I had accidentally spilled the coffee on myself or others it could have caused some serious burns... who else's fault would…
third degree burns are extremely serious, it's not a "put an ice pack on it" issue, it's a "rush to the hospital" issue.
Considering the likelyhood of people spilling coffee, it's not unreasonable to expect coffee servers to take that into account (just like cars are designed to take into account bad driving and accidents).