who was the attorney that sued mcdonald's over coffee

Was the McDonald’s coffee lawsuit a frivolous product defect?

McDonald’s Restaurants—more commonly known as the McDonald’s hot coffee lawsuit—is often cited as a classic example of frivolous litigation in the United States. In much of the public’s eye, Stella Lieback was a greedy plaintiff who spilled warm coffee on her lap while driving and decided to cash in by suing a big corporation for millions of dollars.

Did a woman Sue McDonalds for hot coffee that was too hot?

Feb 16, 2021 · The McDonald’s coffee lawsuit is probably the best, and most famous, example of a product defect case. Unfortunately, the plaintiff in that case, Stella Liebeck, was vilified unnecessarily; some called it a frivolous case. In this video, Jonathan Negretti sets the record straight on why this was a worthy lawsuit.

Why did Morgan's Sue McDonald's?

Jun 13, 2016 · Liebeck’s attorney Kenneth Wagner said Liebeck was concerned about the number of other people who had been burned by McDonald’s coffee—and that the number included children. States’ products liability laws contain instructions about warnings: They must be in a conspicuous place and must warn the product’s user of possibly dangerous features, Wagner …

Are there any lawsuits against McDonald’s in Texas?

How much did the lady who sued McDonald's for coffee get?

In 1992, 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald's drive-thru in Albuquerque and spilled it on her lap. She sued McDonald's and a jury awarded her nearly $3 million in punitive damages for the burns she suffered. Typical reaction: Isn't coffee supposed to be hot?

Why did Ms Liebeck's lawyers believe that McDonald's was liable to Ms Liebeck?

In essence, the jury said that Mrs. Liebeck did carry some blame for her injuries because she held the coffee improperly. At the end of the day, if McDonald's served its coffee at a reasonable temperature, it would have been unlikely that Mrs.Sep 10, 2020

What happened to the lady that sued McDonald's over hot coffee?

Liebeck was taken to the hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent. She remained in the hospital for eight days while she underwent skin grafting.

What happened to the person who sued McDonald's for hot coffee?

After hearing the evidence, the jury concluded that McDonald's handling of its coffee was so irresponsible that Liebeck should get much more than $20,000, suggesting she get nearly $2.9 million to send the company a message. Liebeck settled for less than $600,000.Dec 16, 2016

Who was responsible for the McDonald's coffee cup accident?

Applying the principles of comparative negligence, the jury found that McDonald's was 80% responsible for the incident and Liebeck was 20% at fault. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient.

How much did Liebeck settle for McDonald's?

Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her daughter's loss of income was approximately $5,000 for a total of approximately $18,000.

What was the name of the lawsuit that was a flashpoint in the debate in the United States over tort reform?

Liebeck v. McDonald's Restaurants, also known as the McDonald's coffee case and the hot coffee lawsuit, was a 1994 product liability lawsuit that became a flashpoint in the debate in the United States over tort reform. Although a New Mexico civil jury awarded $2.86 million to plaintiff Stella Liebeck, a 79-year-old woman who suffered third-degree ...

Where did Stella Liebeck get her coffee?

On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-cent cup of coffee from the drive-through window of a local McDonald's restaurant located at 5001 Gibson Boulevard Southeast . Liebeck was in the passenger's seat of a 1989 Ford Probe which did not have cup holders. Her grandson parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap. Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.

What temperature should coffee be served at?

Scott. During the case, Liebeck's attorneys discovered that McDonald's required franchisees to hold coffee at 180–190 °F (82–88 °C). Liebeck's attorney argued that coffee should never be served hotter than 140 °F (60 °C), and that a number of other establishments served coffee at a substantially lower temperature than McDonald's. They presented evidence that coffee they had tested all over the city was all served at a temperature at least 20°F (11°C) lower than what McDonald's served. Liebeck's lawyers also presented the jury with expert testimony that 190 °F (88 °C) coffee may produce third-degree burns (where skin grafting is necessary) in about 3 seconds and 180 °F (82 °C) coffee may produce such burns in about 12 to 15 seconds. Lowering the temperature to 160 °F (71 °C) would increase the time for the coffee to produce such a burn to 20 seconds. Liebeck's attorneys argued that these extra seconds could provide adequate time to remove the coffee from exposed skin, thereby preventing many burns. McDonald's claimed that the reason for serving such hot coffee in its drive-through windows was that those who purchased the coffee typically were commuters who wanted to drive a distance with the coffee; the high initial temperature would keep the coffee hot during the trip. However, it came to light that McDonald's had done research which indicated that customers intend to consume the coffee immediately while driving.

What is the temperature of McDonald's coffee?

Since Liebeck, McDonald's has not reduced the service temperature of its coffee. McDonald's current policy is to serve coffee at 176–194 °F (80–90 °C), relying on more sternly worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee.

What is the hot coffee movie about?

On June 27, 2011, HBO premiered a documentary about tort reform problems titled Hot Coffee. A large portion of the film covered Liebeck's lawsuit. This included news clips, comments from celebrities and politicians about the case, as well as myths and misconceptions, including how many people thought she was driving when the incident occurred and thought that she suffered only minor superficial burns. The film also discussed in great depth how Liebeck v. McDonald's Restaurants is often used and misused to describe a frivolous lawsuit and referenced in conjunction with tort reform efforts. It contends that corporations have spent millions promoting misconceptions of tort cases in order to promote tort reform. In reality, the majority of damages in the case were punitive due to McDonald's' reckless disregard for the number of burn victims prior to Liebeck.

What is the best example of a product defect case?

The McDonald’s coffee lawsuit — Liebeck v. McDonald’s Restaurants — is probably the best example of a product defect case. It garnered worldwide news coverage, and was wickedly popular. But I would argue that while people may think they know this case, much of what they know is wrong.

How old was Stella Liebeck in 1992?

On February 27, 1992, 79-year-old Stella Liebeck was sitting in the passenger seat of her 1989 Ford Probe with hot coffee on her lap, after going through a McDonald’s drive-through window. Her grandson was driving her car, which did not have cup holders.

How did Stella Liebeck get burned?

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. But the facts of the case tell a very different story. The coffee that burned Stella Liebeck was dangerously hot—hot enough to cause third-degree burns, even through clothes, in three seconds. Liebeck endured third-degree burns over 16 percent of her body, including her inner thighs and genitals—the skin was burned away to the layers of muscle and fatty tissue. She had to be hospitalized for eight days, and she required skin grafts and other treatment. Her recovery lasted two years.

How long did the Liebeck case last?

Her recovery lasted two years. Liebeck offered to settle the case for $20,000, but the company refused. McDonald’s offered Liebeck only $800—which did not even cover her medical expenses. When the case went to trial, the jurors saw graphic photos of Liebeck’s burns.

How long does it take for coffee to burn?

At this temperature, spilled coffee causes third degree burns in less than three seconds. Other restaurants served coffee at 160 degrees, which takes twenty seconds to cause third degree burns. That is usually enough time to wipe away the coffee.

Overview

Liebeck v. McDonald's Restaurants, also known as the McDonald's coffee case and the hot coffee lawsuit, was a highly publicized 1994 product liability lawsuit in the United States against the McDonald's restaurant chain.
The plaintiff, Stella Liebeck, a 79-year-old woman, suffered third-degree burns in her pelvic regionwhen she accidentally spilled coffee in her lap after purchasing it from a McDonald's restaurant. …

Plaintiff

Background

Trial and verdict

Aftermath

See also

Further reading

External links