More on McDonald's

Not surprisingly, the "McDonald's Coffee Case" is still one of the top searches bringing people here, and lately, it's also been a big comment generator.  Here's a couple more points for your consideration.

1: Yes, Stella was negligent in placing the coffee in a place where it could spill in her lap.  The jury found her to be 20% at fault, so her verdict was reduced by 20%. 

2: The big problem people seem to have with this case is understanding that the punitive damages weren't awarded to Stella for spilling coffee on herself, but against McDonald's for serving a dangerously defective product. 

Many times - including in this case - the facts don't matter as much as the principle.  The principle here is simple: If you're selling a beverage to someone, you're implying that while it may be hot, it's not dangerously hot.  And 190 degrees is dangerously hot.  For example:

• A 108 degree bath is too hot for most people.
• Most kitchen faucets don't get above 115 degrees.
• Experts recommend setting your hot water heater at no more than 120 degrees to prevent burns.
• Hair dryers won't go above 140 degrees, because that's enough to burn someone's head.
• Hair curlers rarely top 160 degrees, because that's hot enough to burn someone in one second.  And ask any teenage girl how painful a hair curler burn is.
• Many cars have a 180 degree thermostat, and there's no question water from a car radiator is too hot to drink.  Stella's coffee was ten degrees hotter than that. 

So regardless of whether Stella was clumsy, the point is that she was sold a defective product: McDonald's represented that the coffee was safe to drink, and it wasn't. Their own expert called the coffee "unfit for human consumption." 

But I can try to convince you that the coffee was dangerous until I'm blue in the face.  Instead, I've got a better idea: Put on a pair of cotton jogging pants, and buckle yourself in the car.  Then, dump 190 degree coffee on your crotch and struggle to get your pants off in the moving vehicle.  After you're released from the burn ward, repeat with 160 degree coffee, and let me know which is safer.