From: Rafal Smigrodzki (rms2g@virginia.edu)
Date: Wed Jul 31 2002 - 16:47:35 MDT
Camp, Christopher provided these fascinating links, regarding the McDonald's
coffee spill case:
http://www.lectlaw.com/files/cur78.htm
http://www.citizen.org/congress/civjus/tort/myths/articles.cfm?ID=785
http://www.cooter-ulen.com/tort_liability.htm#McDonald's%20Coffee%20Case
http://www.corleyganem.com/summation.htm
### I read the aforementioned articles with great interest, and I am still
appalled by the jury's decision. Punishing a purveyor of food for
endeavoring to maintain optimal flavor of coffee is bizarre. Careless
behavior of some customers should not be a reason for all other patrons to
be served a lukewarm beverage. By the same token, one might insist that
carmakers should be punished for making cars going faster than, let's say,
35 mph, because there are some drivers who kill and maim by ineptly driving
at, say, 50 mph.
The basic standard applied in cases like these should be the personal
responsibility of the well-informed customer. The only deficiency that I
find in McDonald's actions is the absence of appropriate warnings on their
cups, sufficient to enlighten even the most dimwitted consumer, something by
no means worth an "undisclosed settlement".
Rafal
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