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this post was submitted on 20 Sep 2023
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Yep cuz she spilled it on herself trying to put cream in and then she sat in it for like a minute. No way some coffee just poured on ur arm is hot enough to instantly fuse flesh .
Mcd should have paid the initial settlement I agree but the vast damage from this lady's experience was a result of her own actions.
That's what people can't get over.
I get how a jury could get it wrong and pay her for her suffering. And I pity her this experience What I dont get is why people completely absolve her of any responsibility here when her own actions were the first contributing factors.
Even if the coffee wasn't "too hot". Her own actions still would have left her burned. That is a fact.
Burn damage occurs in less than a second. Go dip your hand in a pot of boiling water as fast as you can if you want to try it, I'm sure you'll be just fine.
The jury also heard evidence how there had been multiple serious injuries before this lady and yet McD intentionally refused to lower the temperature as the bean counters realized they saved money keeping it hot... people couldn't drink very much of it in restaurant as they ate their breakfast and therfore didn't ask for refills. Even though they had paid out claims previously, it was cheaper to keep it hot and keep paying them out despite injuries. The jury thus decided on significant punitive damages to motivate McD to do the right thing.
I mean fair. I'm not trying to side with mcds here, really because I do believe they deserve blame, but I also believe it's not black and white. They don't deserve all of the blame here.
If an employee had spilled on her then yes but she literally did it to herself.
Consider however that she wasn't served this coffee in a store, but in a car. The possibility of spilling the drink is significantly more likely, especially since she wasn't given a lid. This isn't the woman's fault at all, it was a horrible accident just waiting to happen. It's like if a roller rink covered the floor in grease and periodically had spike pits.
I did a bunch of chemistry lab classes in college, I think I had one each year actually. We regularly heated liquids and worked with concentrated acids. If we had spilled a liquid this hot on ourselves in a similar volume, we would have seen similar burns. It would take longer than 2 seconds to rip off a glove (which is probably fused to your skin very quickly anyway) or disrobe our labcoats. The coffee being spilled on us like this would have given us incredibly severe burns too, and that's with PPE and emergency safety equipment right there. It would take far, far longer to get to one one of the showers and activate it even.
And this is in a controlled lab environment! There was no heightened risk of spills because of being in a moving vehicle nor having an open cup.
And guess what, neither did the jury. They assigned 20% of fault to her.
But you seem to not know this, yet keep on victim blaming.
Sounds like she does deserve 20% as you just admitted. Oh noes there goes ur high horse.
You're the one with the high horse from your hubris, mate.
So far you've strawmanned, goalpost moved, and ad-hom'd.
Got any more sophistry you'd like to trot out?
Burn damage happens near-instantly. Holy shit this is what happens when education isn't done properly.