"people buy a scion to drive fast" (i hit a cat)
Originally Posted by engifineer
...is as dumb as the woman who sued because she placed a hot cup of coffee in her lap and burned herself. People who expect others to pay for thier own negligence and stupidity
Juries aren't idiots and you wouldn't be either if you were asked to serve on one. They generally don't award money to fakers. Here are pretty much the same facts that the Mcdonalds jury had before their deliberation for the coffee burn.
Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethru window of a local McDonalds.
After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.
During discovery (where each side has to share documents in their possession), McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard.
McDonalds also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to "maintain optimum taste". The McDonalds expert admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.
Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing
the "holding temperature" of its coffee because they sold more coffee at that temperature.
The Plaintiffs' expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds. Other testimony showed that as the temperature decreases toward 155 degrees, the extent of the burn relative to that temperature decreases exponentially. Thus, if Liebeck's spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.
McDonalds asserted that customers buy coffee on their way to work or home, intending to consume it there. (Yeah, right) However, the companys own research showed that customers intend to consume the coffee immediately while driving.
McDonalds also argued that consumers know coffee is hot and that its customers want it that way. The company admitted its customers were unaware that they could suffer third degree burns from the coffee and that a statement on the side of the cup was not a "warning" but a "reminder" since the location of the writing would not warn customers of the hazard.
The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill.
The jury also awarded Liebeck $2.7 million in punitive damages, because they showed McDonalds knew of the hazard and didn't give a care. The punitive award was equal to about two days of McDonalds' coffee sales.
Post-verdict investigation found that the temperature of coffee at the many McDonalds had dropped to 158 degrees fahrenheit.
(The trial court subsequently reduced the punitive award to $480,000 -- or three times compensatory damages -- even though the judge called McDonalds' conduct reckless, callous and willful.)
The parties eventually entered into a secret settlement which has never been revealed to the public, despite the fact that this was a public case, litigated in public and subjected to extensive media reporting. Such secret settlements, after public trials, should not be condoned.
Now you have new info when folk anecdotally bring up the "McDonalds Case", about the person who was "stupid enough to get burned by coffee and got rich".
Originally Posted by DarkApathy
^ suppose it was a kid on a bike. would anthonie assume the kid would move out of the way? and if the kid didnt, would there be justification for his assuming that kids should always look both ways before crossing the street? the world's not perfect, and kids dont look. cat's dont get out of the way. so as a motorist, f*cking stop being a bonehead about it and just slow down sometimes, and if need be, f*cking stop.
you all are idiots. thank you.
you all are idiots. thank you.
Originally Posted by anthonie
Originally Posted by DarkApathy
^ suppose it was a kid on a bike. would anthonie assume the kid would move out of the way? and if the kid didnt, would there be justification for his assuming that kids should always look both ways before crossing the street? the world's not perfect, and kids dont look. cat's dont get out of the way. so as a motorist, f*cking stop being a bonehead about it and just slow down sometimes, and if need be, f*cking stop.
you all are idiots. thank you.
you all are idiots. thank you.
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Team Sushi
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Originally Posted by engifineer
Originally Posted by mikek6789
Originally Posted by djct_watt
OK, it's 6AM. . . and I don't sleep much. But I think the guy who started this thread is a pretty reasonable dude. He went out of his way to help this idiot, and then she tried to fudge him in the back.
I'm pretty sarcastic and outright hostile towards this lady, but for a reason. It's my personal political mission to fight people who blame other people for things. And I'm not talking about the good kind of at fault blame. . . I'm talking about the blame McDonald's attitude for fatness. I'm talking about the blame TV for violence attitude. I'm talking about the blame handguns for crime (there is no correlation whatsoever between gun laws and crime rates, meaning gun laws DO NOT lower crime rates). These people cost insurance companies and our government billions of dollars, and they all need to die. Every pedestrian accident where a moron strolls right into an intersection without looking. Every stupid cat on the road. Every stupid frivalous law suit.
Cars cause more unnatural death than anything else on this planet. More people die in a day from car accidents than from shootings, SARS, bird flu, terrorism, and the Iraq War do in one day, put together. You wanna save lives? Protect the road. Keep your stupid junk off it.
I'm pretty sarcastic and outright hostile towards this lady, but for a reason. It's my personal political mission to fight people who blame other people for things. And I'm not talking about the good kind of at fault blame. . . I'm talking about the blame McDonald's attitude for fatness. I'm talking about the blame TV for violence attitude. I'm talking about the blame handguns for crime (there is no correlation whatsoever between gun laws and crime rates, meaning gun laws DO NOT lower crime rates). These people cost insurance companies and our government billions of dollars, and they all need to die. Every pedestrian accident where a moron strolls right into an intersection without looking. Every stupid cat on the road. Every stupid frivalous law suit.
Cars cause more unnatural death than anything else on this planet. More people die in a day from car accidents than from shootings, SARS, bird flu, terrorism, and the Iraq War do in one day, put together. You wanna save lives? Protect the road. Keep your stupid junk off it.
The lady is a dipsh!t, and comparing terrorism to car crashes is the most invalid comparison I have ever heard. How many cars per capita are there in most third world countries, where terrorism is a daily occurrence??? I seriously hope you are joking with those dime store statistics... but with the other posts I have seen you make I am doubtful
But here are some starter links for you guys, listed from simplest to read to longest:
http://www.asirt.org/webfactslideshow.pdf
http://www.asirt.org/about.htm
http://www.crashtest.com/explanations/stats/stats.htm (a little outdated, but still valid)
http://www.safecarguide.com/exp/stat...statistics.htm
http://econ.worldbank.org/external/d...03051404103341
Bottom line, all that ruckus about SARS and birdflu are really lame. . . considering the high rate of auto-deaths. Cancer and AIDS are still a big deal, sure, but it's not like MILLIONS OF PEOPLE are being blown up per year in terrorist attacks. And you see all the media make a huge ruckus everytime a goat dies in the middle east. Far more people are killed in auto accidents. Those links should be good enough, but if I missed something, please point it out to me. I'm not one to just shut my ears and tell people to "never come back to the internet." I'm not scared of being wrong.
And no, McDonald's does not cause obesity. . . people who can't control their eating/excericise do. McDonald's exists all over the world. . . and in most foreign countries, it isn't all that popular/profitable; at least compared to the domestic market. Americans are fat because we like food and we're too lazy to workout. If you think McDonald's is healthy or can be eaten everyday, you are genuinely retarded. And if you think McDonald's is the source of all American fatness, you yourself MUST be fat. Diets work wonders.
That McDonalds case data changes my mind about as much as MikeK could have. You buy a cup of coffee, you place it BETWEEN YOUR KNEES in the car to mess with it and spill it on yourself. If that had been 100% fresh it would have been near BOILING. No matter what the company rules are etc, people need to stop blaming everyone else for their own actions. Those type cases are what makes it impossible to do anything without being sued, and why if that dumb lady could afford a good enough attorney she would have a VERY good chance of actually getting money due to her cats accident. People seem to think today that everyone else is responsible for keeping them safe from themselves. My fiance is an assitant teacher at a day care. They have a little girl who pitches fits to the point that she tears up everything in the room and attempts harm the other kids.. but they cant even make her sit alone in another room because of sue happy retards who sue everytime you look at their child the wrong way. It is disgusting how people have to walk on egg shells these days.
And as far as someone saying it was his fault about the cat... and "what if it would have been a person"...... my god people. So what if it would have been???? If a person ran full tilt straight into the side or front of your car... who could have done anything to avoid it? So I guess everyone should drive 10 mph on every road in case some idiot, animal, etc runs UNDER their car?
Sorry to go off on this, but the spineless people in todays world that have to be coddled and compensated for everything that happens to them is seriously causing issues with the next generation who are growing up so weak that every little thing causes them to freak out and sue or even worse, harm others. People need a good shot of GROW THE HELL UP AND GET A SPINE
Ok, I feel better now
And as far as someone saying it was his fault about the cat... and "what if it would have been a person"...... my god people. So what if it would have been???? If a person ran full tilt straight into the side or front of your car... who could have done anything to avoid it? So I guess everyone should drive 10 mph on every road in case some idiot, animal, etc runs UNDER their car?
Sorry to go off on this, but the spineless people in todays world that have to be coddled and compensated for everything that happens to them is seriously causing issues with the next generation who are growing up so weak that every little thing causes them to freak out and sue or even worse, harm others. People need a good shot of GROW THE HELL UP AND GET A SPINE
Ok, I feel better now
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Team Sushi
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And I agree with you, engifineer 100%. Roads are dangerous, no matter how you look at it. It's best to keep everything off of them, if at all possible. As I stated, and posted links to, automotive accidents are the third most deadly killer (of people) in the world. It's our own responsibility to keep our children (and pets) off of the road. That's why we have playgrounds.
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