SOT: Student killed by falling goalpost

[No_Willie_Jokes_Yet]

Ugh, the worst example ever.  Common myth about this case.  She almost died from the third-degree burns received over 16 percent of her body, necessitating hospitalization for eight days, whirlpool treatment for debridement of her wounds, skin grafting, scarring, and disability for more than two years.  She offered to settle with McDonald’s for $20k but it was refused.  She ended up with a post verdict settlement after she won at a JURY trial.    Liebeck v. McDonald's Restaurants, P.T.S., Inc.

Sorry, I just hate seeing this example EVERY time someone talks about tort reform.

Not to get off topic or anything.... :

Most of the people injured or killed by goal posts (see Andrew Bourne) have settled out of court. While the insurance companies do pay a lot of those claims, the premiums for EVERY college sky rocket. In fact some schools like UF pay close to $100,000 PER GAME for security.

That can add up to some serious coinage over a few years.

[Guest guest]

Ugh, the worst example ever.  Common myth about this case.  She almost died from the third-degree burns received over 16 percent of her body, necessitating hospitalization for eight days, whirlpool treatment for debridement of her wounds, skin grafting, scarring, and disability for more than two years.  She offered to settle with McDonald’s for $20k but it was refused.  She ended up with a post verdict settlement after she won at a JURY trial.    Liebeck v. McDonald's Restaurants, P.T.S., Inc.

Sorry, I just hate seeing this example EVERY time someone talks about tort reform.

Not to get off topic or anything.... :

So.  Why is any of that McDonalds fault?  Did they put the hot coffee in her lap?

[Apis Bull]

We need "common sense" legislation.  If you do something that is deemed opposite to what the average person would do and get injured in the process, then you're SOL.

Now, irons have warnings not to iron your clothes while you are wearing them.  You know this is because some idiot ironed the clothes he was wearing and burned himself, sued the iron manufacturer and won.

[Guest]

So.  Why is any of that McDonalds fault?  Did they put the hot coffee in her lap?

http://www.citizen.org/congress/civjus/tort/myths/articles.cfm?ID=785

A detailed look at the facts of this case reveal that in light of McDonalds’ actions, the awards were justified:

   * By its own corporate standards, McDonald’s sells coffee at 180 to 190 degrees Fahrenheit. A scientist testifying for McDonald’s argued that any coffee hotter than 130 degrees could produce third degree burns. However, a doctor testifying on behalf of Ms. Liebeck noted that it takes less than three seconds to produce a third degree burn at 190 degrees.

   * During trial, McDonald’s admitted that it had known about the risk of serious burns from its coffee for more than 10 years. From 1982 to 1992, McDonald’s received more than 700 reports of burns from scalding coffee; some of the injured were children and infants. Many customers received severe burns to the genital area, perineum, inner thighs and buttocks.  In addition, many of these claims were settled, amounting to more than $500,000.

   * Witnesses for McDonald’s testified that consumers were not aware of the extent of danger from coffee spills served at the company’s required temperature. McDonald’s admitted it did not warn customers and could offer no explanation as to why it did not.

   * As a result of her injuries, Ms. Liebeck spent eight days in a hospital. In that time she underwent expensive treatments for third-degree burns including debridement (removal of dead tissue) and skin grafting. The burns left her scarred and disabled for more than two years.  Before a suit was ever filed, Liebeck informed McDonald’s about her injuries and asked for compensation for her medical bills, which totaled almost $11,000.  McDonald’s countered with a ludicrously low $800 offer.

   * McDonald’s had several other chances to settle the case before trial: At one point, Liebeck’s attorney offered to settle for $300,000. In addition, days before the trial, the judge ordered both sides into a mediated settlement conference where the mediator, a retired judge, recommended that McDonald’s settle for $225,000. McDonald’s refused all attempts to settle the case.

The Findings: The jury found that Ms. Liebeck suffered $200,000 in compensatory damages for her medical costs and disability. The award was reduced to $160,000 since the jury determined that 20 percent of the fault for the injury belonged with Ms. Liebeck for spilling the coffee.

Based on its finding that McDonald’s had engaged in willful, reckless, malicious or wanton conduct, the jury then awarded $2.7 million in punitive damages; essential to the size of the award was the fact that at the time McDonald’s made $1.35 million in coffee sales daily.

---

SCBulls... In legal terms, there is no such thing as "common sense" ... only degrees of fault.  For example, Ms. Liebeck assumed 20% of the fault for the damage to her because she put incredibly hot coffee between her legs.

As for the ironing issue, consider this:

... according to a recent 15-city survey conducted by Rowenta, the garment care expert and high-performance iron manufacturer. ... nearly 25 percent nationwide confessed to ironing their clothes while wearing them. ...

Source: http://biz.yahoo.com/prnews/050825/nethfns3.html?.v=1

[Apis Bull]

SCBulls... In legal terms, there is no such thing as "common sense" ... only degrees of fault.  For example, Ms. Liebeck assumed 20% of the fault for the damage to her because she put incredibly hot coffee between her legs.

I know that.;D  I just think there should be.

[Apis Bull]

I also wonder how many people would complain if the coffee were served at below 130 degrees?

[Sitting_BULL]

****, the point was law suits cost money (not to mention injuries or loss of life,) it wasn't meant to change the topic to Mayor McCheese?  : : : :

[Zonald]

****, the point was law suits cost money (not to mention injuries or loss of life,) it wasn't meant to change the topic to Mayor McCheese?  : : : :

lol, I noted that in my McDonald's post  ;D

[Mag Pie]

I'm wondering something...

If all you guys still went to USF right now, do you think any of you guys would have rushed?

[WoolyBully]

I'm wondering something...

If all you guys still went to USF right now, do you think any of you guys would have rushed?

Hmmm...interesting question.

I assume you mean...if I were between the ages of 18-21 and a student at USF.

I did a ton of illegal, dangerous, razors-edge, stupid stuff between the ages of 15 and 23.  Interestingly, I had absolutely no interest in college football during those years.  I went to San Jose State but never went to a ball game.

So I'd have to qualify that with: If I were high/drunk/wired - as was usually the case - and I just happened to be in the mob...probably, otherwise, having no interest in football - I would not have been at the stadium.

Bottom Line: There's a lot to be said for the rear view mirror. 8)