On Fri, May 02, 2003 at 05:48:23PM +0200, Henning Makholm wrote:
> Stupidity does not create rights. (Opposite in some other parts of the
> world where one can become rich simply by being too stupid to imagine
> that coffee might be hot).
Can we put this legend to rest? I realize this is off-topic, but I
hate seeing such claims go unrefuted.
1. The coffee in question was *much* hotter than coffee is normally served.
It was far too hot to be drinkable, which is not something you'd expect.
2. The lady in question didn't deliberately spill coffee over herself
because she thought it wouldn't be hot. She accidentally squeezed
the mug while trying to get the lid off. This has nothing to do
with stupidity.
3. If the coffee had been at normal temperature, she would have gotten
some blisters and an embarrassing memory. Instead, she got third-degree
burns and needed reconstructive surgery.
4. The corporation that served the coffee was aware that the temperature
was a problem, and had quietly settled 700 burn claims in the previous
decade.
5. All she initially asked for was enough money to pay for the medical
bills. The jury awarded punitive damages because they considered
the corporation to be willfully putting its customers at risk.
The Association of Trial Lawyers of America has a page about the case:
http://www.atlanet.org/consumermediaresources/tier3/press_room/facts/frivolous/McdonaldsCoffeecase.aspx
Richard Braakman
