“We knew, before the lawsuit was filed, that the temperature of the water was 190 F or so, and the franchise documents required that of the franchisee,” said Kenneth Wagner, a lawyer who represented Liebeck. Liebeck sought to settle her claim for only $20,000, but McDonald’s still refused. McDonald’s Coffee Case – Myth v. Facts. Here are the facts of this widely misreported and misunderstood case: Stella Liebeck, 79 years old, was sitting in the passenger seat of her grandson’s car having purchased a cup of McDonald’s coffee. They also awarded her $2.7 million in punitive damages, which the trial judge reduced to $480,000, even though he called McDonald’s behavior had been “willful, wanton, and reckless.” The final settlement was even less. The jury awarded Liebeck $200,000 in compensatory damages and $2.7 million in punitive damages for McDonald’s callous conduct. Serving the U.S. and Texas with offices in South Texas including, © 2020 Herrman & Herrman - All rights reserved, Spring Break in McAllen and Rio Grande Valley: Tourism Information You Need ». In 1992, 79-year old Stella Liebeck became the poster child for frivolous litigation after filing a lawsuit against McDonald’s for serving coffee that was too hot. That’s quicker than the amount of time it took you to read this sentence. Again, McDonald’s refused and the case went to trial. You may be familiar with — and even outraged by — the famous lawsuit against McDonald’s by Stella Liebeck who was burned by hot coffee. Stella Liebeck, the 79-year-old woman who was severely burned by McDonald’s coffee that she spilled in her lap in 1992, was unfairly held up as an example of frivolous litigation in the public eye. Fact: McDonald’s didn’t just serve their coffee hot– their operations manual required that is be served between 180 and 190 degrees; 30-40 degrees hotter than other coffee-serving restaurants in the area. ” Even though this case was decided in August of 1994, for many Americans it continues to represent the “problem” with our civil justice system. But there’s more to the story. This is why now you can go to a museum in Winsted, Connecticut, and look at exhibits starring Erin Brockovich and Big Tobacco ... and a senior citizen in Albuquerque, New Mexico, who was concerned about kids getting burned by hot coffee. People to this day use it as an example of people suing over stupid, pointless things, but … The “McDonald’s Coffee Case" is the most cited example of how out of control things supposedly are. However, that is the story mass media wanted you to hear. Now, plotting Mrs. Liebeck's case, Mr. Morgan planned to introduce photographs of his previous client's injuries and those of a California woman who suffered second- and third-degree burns after a McDonald's employee spilled hot coffee into her vehicle in 1990, a case that was settled out of court for $230,000. A month after the trial, the judge reduced the jury’s punitive damages award to $640,000. Turchin does not name the McDonald’s employee. The infamous lawsuit is about an elderly woman who won $2.86million after spilling a cup of scalding hot McDonald ’s coffee on herself. The jury’s $2.7 million award has long been a poster child for tort reform (the judge actually reduced her award to $480,000). In 1992 McDonald’s faced a lawsuit because there was a mishap with the temperature of their coffee. According to the Center for Disease Control (CDC), third Degree burns destroy both the epidermis and the dermis to where the skin cannot regenerate. But there’s more to the story. It became known as the McDonald’s coffee lawsuit—a story of America’s court system gone wild, an illustration of the excesses of a litigious culture where no … It’s always encouraged to know the facts before buying into misrepresented and sensationalized stories. That woman was Stella Liebeck, and her lawsuit turned into a punch line for many news outlets, late-night comedians, and pop stars as the truth was spun and the woman was made out to be greedy. A woman believed it was too hot, sued, and won the trial. She received third-degree burns over 16 percent of her body. Liebeck was awarded $200,000 in compensation for her pain and medical costs, a figure that was reduced to $160,000 because the jury found her 20 percent responsible. Actually, Mrs. Stella Liebeck, a 79-year-old woman, had gone to a McDonald’s with her grandson, who was driving. Liebeck's attorneys argued that, at 180–190 °F, McDonald's coffee was defective, claiming it was too hot and more likely to cause serious injury than coffee served at any other establishment. Well, it turns out that between the years of 1982-1992, McDonald’s coffee had burned more than 700 people from adults to infants, according to claims that had been filed. This particular product liability issue affected the lives of hundreds, if not thousands of people. At home, most coffee makers brew a drink that measures between 135 and 150 degrees Fahrenheit. Other people have reported similar injuries after spilling McDonald's coffee. Similar lawsuits against McDonald's in the United Kingdom failed. Call 361-792-2358 to schedule your free consultation today! The facts surrounding the McDonald’s Coffee case often are grossly distorted by the media and special interest groups that are determined to deny the U.S. Constitution’s 7th amendment right to trial by jury, paint our courts in a negative light, and perpetuate the myth of frivolous lawsuits. McD App download and registration required. Her complaint sounded frivolous. News stations took her to task, late-night comedians had a field day. McDonald's still hasn't learned its lesson. In August 1994, a jury awarded a 79-year-old woman more than $2 million for burn injuries she sustained from the dangerous temperatures of McDonald's coffee. What had actually happened was far different than what news outlets and late night TV hosts were saying. A normal woman in a small town drives up to a McDonalds and orders a cup of coffee. Melissa Breyer is Treehugger’s editorial director. In 1992, Stella Liebeck, who was 79 years old at the time, spilled an entire cup of McDonald’s coffee in her lap and received third-degree burns on 16 percent of her body. McDonald’s countered with an offer of $800. The excessive heat was part of a McDonald’s promotion where they promised commuters that their coffee would still be hot by the time it got to their desks.Liebeck was with her grandson (who was driving) when she received the coffee from the drive-thru window. With the opening of Ralph Nader’s new American Museum of Tort Law in Winsted, Connecticut, the truth behind some of the more enduring cases of corporate shenanigans are explored. This fake news stories may invoke memories of another “frivolous” lawsuit against McDonald’s from the 1990s when the company was sued for serving coffee that was too hot. The “McDonald’s coffee” case. Her case became the poster child of the widely touted corporate misnomer 'frivolous lawsuits' in America. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims. Home Blog Negligence Claims McDonald’s Coffee Case – Know the Facts. But the facts told another story. After purchasing a cup of coffee, as the car stopped, Liebeck tried to hold the cup securely between her knees while removing the lid. Everyone serves hot coffee! The story of a money-seeking customer suing a big company for big bucks. According to the court documents, a supervisor at the McDonald’s restaurant addressed and … But the facts of the case tell a very different story. 01/07/2017 09:04 am ET Updated Jan 07, 2018. But the facts told another story. The jury awarded Liebeck $200,000 in compensatory damages and $2.7 million in punitive damages for McDonald’s callous conduct. The McDonald's coffee case is a good example of how products liability law protects consumers. People to this day use it as an example of people suing over stupid, pointless things, but … “Our position was that the product was unreasonably dangerous, and the temperature should have been lower,” Wagner said. Was hospitalized for a total of eight days, had whirlpool treatment for debridement of her wounds, skin grafting, scarring, and was disabled for more than two years! Since the was was filed, people have pursued hot coffee claims against not just McDonald’s but Burger King, Dunkin’ Donuts, Starbucks, Continental Airlines, and … In the weeks and months to follow this encounter, great controversy would swirl around this woman and her latte. The Hot Coffee Case By Allison Torres Burtka Stella Liebeck, the 79-year-old woman who was severely burned by McDonald’s coffee that she spilled in her lap in 1992, was unfairly held up as an example of frivolous litigation in the public eye. The McDonald's Hot Coffee Case Didn't Change Much. Alvaro Robles filed the lawsuit on Tuesday over the incident that occurred on Sept. 7, 2018, at 2220 Route 59 McDonald's. Other major vendors of coffee, including Starbucks, Dunkin' Donuts, Wendy's, and Burger Kinghave been subjected to similar lawsuits over third-degree burns. Consumer advocates suggest that painting McDonald’s as the victim was a way for business interests and certain lawmakers to create a narrative about frivolous lawsuits in an effort to advance a tort reform agenda that would hamper consumer rights and strengthen a lack of corporate accountability. The cup tipped over and as a result spilled scolding (keyword: scolding) hot coffee onto herself. Television shows, pundits, and politicians across the country debated the matter vigorously. Her case became the poster child of the widely touted corporate misnomer 'frivolous lawsuits' in America. She is a sustainability expert and author whose work has been published by the New York Times and National Geographic, among others. In September 1997, a seventy-three year old woman suffered first and second degree burns when a cup of McDonald's coffee spilled on her lap. Holding major companies accountable for their negligence is extremely important for the safety of everyone. Tragedy! The rest is history. In 1992, Stella Liebeck, who was 79 years old at the time, spilled an entire cup of McDonald’s coffee in her lap and received third-degree burns on 16 percent of her body. McCafé Rewards earned on or before 12/27/2020 are valid through 2/25/2021 at participating U.S. McDonald's. McDonald's Scalding Coffee Case Nearly ten years later, critics of civil justice and juries continue to mock Stella Liebeck and the McDonald's coffee case, calling it 'frivolous' and 'laughable'. Dangerous, and won the trial often painless, the judge reduced the jury ’ with. 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