OT - McDonald's Hot Coffee Quiz

(The answers will be posted later.)

1. when Stella Liebeck was burned, she was in the:
A driver's seat
B passenger seat
C rear seat

2. when the coffee spilled, the car was:
A moving
B parked
C on the highway

3. the cup:
A was being handed to her and was dropped
B in her crotch
C was between her knees

4. when the coffee spilled, Stella was:
A squeezing her legs together while reaching for her egg mcmuffin
B removing the lid to add cream and sugar
C eating her breakfast

5. Stella received burns to her:
A inner thighs
B perineum
C buttocks
D genitalia
E all the above

6. these burns were:
A 1st degree
B 2nd degree
C 3rd degree
D all the above

7. Stella required:
A 2 days in the hospital
B 5 days in the hospital
C 8 days in the hospital and skin grafting surgery

8. (hint: your coffee at home comes out at about 135 to 140 degrees)
McDonald's quality assurance manager testified that the company actively enforced a requirement that its coffee be served between:
A 140 to 150 degrees
B 150 to 170 degrees
C 180 to 190 degrees

9. (true or false)
McDonald's quality assurance manager testified that the company knew that coffee served at the required temperature was not fit for consumption
because it would burn the mouth and throat

10. according to the experts, coffee served at the temperature as required by McDonald's will cause full thickness burns to human skin in:
A 2 to 7 seconds
B 10 to 20 seconds
C 30 to 60 seconds

11. prior to Stella's burns, McDonald's had received *more* than this number
of coffee burn claims:
A 100
B 300
C 700

12. prior to filing her lawsuit, McDonald�s *rejected* Stella�s offer to settle all her claims, medical bills, injury and scarring, for the total
amount of:
A $20,000
B $100,000
C $500,000

13. the jury evaluated Stella's *total* claim for compensatory damages for all of her medical bills, injuries, and scarring at:
A $200,000
B $500,000
C $2,000,000

14. based on the evidence and testimony, the jury also awarded punitive damages against McDonald's in the amount of:
A $2,700,000
B $4,300,000
C $10,000,000
�which was later *reduced* by the court at McDonald�s request to:
D $480,000
E $1,500,000
F $5,000,000

15. as her percentage share of her own responsibility or fault for contributing to her own injury, the jury assessed fault against Stella in
the amount of:
A 0% her fault, 100% McDonald�s fault
B 10% her fault, 90% McDonald�s fault
C 20% her fault, 80% McDonald�s fault

Give it some thought and write down what you think is the correct response. The answers will be posted shortly.

KEG

Second, while there may be frivolous lawsuits around, most are stopped before they get to court. A lot of what you read is in the filing, not the conclusion of a case. If it is the conclusion of a case (after all appeals are completed) you should then read the entire court opinion to understand why the decision resulted the way it did (even better, see the transcript for the evidence that swayed the judge or jury). Do not base your understanding on newspaper stories that just want to make headlines.

Third, McDonalds knew the coffee was too hot, as they admitted. So will you complain the next time you make a mistake and accidently spill your hot cup of coffee that it wasn't hot enough to burn you? After all, my coffee at home is much lesshot and tastes just fine. It is because of such lawsuits that your hand drill shields you from electric shock, your ladder doesn't break unexpectedly, and on and on.

I agree that we appear to have gone a little overboard sometimes, but can you say the picture as a whole is worse because of more care and attention by industry toward protecting us when they generally have the advantage of knowing how their product can be made to prevent obvious injuries?

These are a few "warning labels" on some consumer procducts used around the house. Sad fact that I'm sure they are there because of a lawsuit that already happened.

On a Sears hairdryer: Do not use while sleeping. (dang it...and that's the only time I have to work on my hair).

On a bag of Fritos: You could be a winner! No purchase necessary. Details inside. (the shoplifter special)?

On a bar of Dial soap: "Directions: Use like regular soap." (and that would be how???....)

On Marks & Spencer Bread Pudding: "Product will be hot after heating." (...and you thought????...)

On packaging for a Rowenta iron: "Do not iron clothes on body." (but wouldn't this save me more time)?

On Boot's Children Cough Medicine: "Do not drive a car or operate machinery after taking this medication."

On Nytol Sleep Aid: "Warning: May cause drowsiness." (and...I'm taking this because???....)

On most brands of Christmas lights: "For indoor or outdoor use only." (as opposed to...what)?

On a Japanese food processor: "Not to be used for the other use." (now, somebody out there, help me on this. I'm a bit curious.)

On Sainsbury's peanuts: "Warning: contains nuts." (talk about a news flash)

On an American Airlines packet of nuts: "Instructions: Open packet, eat nuts" (Step 3: maybe, uh...fly Delta?)

On a child's superman costume: "Wearing of this garment does not enable you to fly." (I don't blame the company. I blame the parents for this one.)

Found on the back of the windshield cover (you know, those things to block out the sun to try and keep your car from getting so hot) "Remove from windshield before driving car".

Tag on a hair dryer actually says "Do not use while showering".

1. when Stella Liebeck was burned, she was in the:
A driver's seat
***B passenger seat
C rear seat

2. when the coffee spilled, the car was:
A moving
***B parked
C on the highway

3. the cup:
A was being handed to her and was dropped
B in her crotch
***C was between her knees

4. when the coffee spilled, Stella was:
A squeezing her legs together while reaching for her egg mcmuffin
***B removing the lid to add cream and sugar
C eating her breakfast

5. Stella received burns to her:
A inner thighs
B perineum
C buttocks
D genitalia
***E all the above

6. these burns were:
A 1st degree
B 2nd degree
C 3rd degree
***D all the above

7. Stella required:
A 2 days in the hospital
B 5 days in the hospital
***C 8 days in the hospital and skin grafting surgery

8. (hint: your coffee at home comes out at about 135 to 140 degrees)
McDonald's quality assurance manager testified that the company actively
enforced a requirement that its coffee be served between:
A 140 to 150 degrees
B 150 to 170 degrees
***C 180 to 190 degrees

9. (***true or false)
McDonald's quality assurance manager testified that the company knew that
coffee served at the required temperature was not fit for consumption
because it would burn the mouth and throat

10. according to the experts, coffee served at the temperature as required
by McDonald's will cause full thickness burns to human skin in:
***A 2 to 7 seconds
B 10 to 20 seconds
C 30 to 60 seconds

11. prior to Stella's burns, McDonald's had received *more* than this number
of coffee burn claims:
A 100
B 300
***C 700

12. prior to filing her lawsuit, McDonald�s *rejected* Stella�s offer to
settle all her claims, medical bills, injury and scarring, for the total
amount of:
***A $20,000
B $100,000
C $500,000

13. the jury evaluated Stella's *total* claim for compensatory damages for
all of her medical bills, injuries, and scarring at:
***A $200,000
B $500,000
C $2,000,000

14. based on the evidence and testimony, the jury also awarded punitive
damages against McDonald's in the amount of:
***A $2,700,000
B $4,300,000
C $10,000,000
�which was later *reduced* by the court at McDonald�s request to:
***D $480,000
E $1,500,000
F $5,000,000

15. as her percentage share of her own responsibility or fault for
contributing to her own injury, the jury assessed fault against Stella in
the amount of:
A 0% her fault, 100% McDonald�s fault
B 10% her fault, 90% McDonald�s fault
***C 20% her fault, 80% McDonald�s fault

Here�s more surprising truth:

-the punitive damages against McDonald�s equalled only about 2 days of McDonald�s coffee sales; similar to the average person paying a parking
ticket

-based on the 20% assessment of fault against Stella, her total compensatory damage award was reduced from $200,000 to only $160,000

-after appeals, and after the court reduced the punitive award to only 3 times the damage award, or $480,000, for a total of $640,000, the claim was finally settled for a confidential sum believed to be a lesser amount

-And the GOOD news?? Post-verdict investigation revealed that the McDonald�s in the area where Stella was burned were serving coffee at an
average temperature below 160 degrees !!!

Yes, this case has made a positive difference

It�s just too bad hundreds of people have to be senselessly injured, courts and juries tied up for weeks, months, and years, and millions of dollars spent before a big corporation will recognize that personal safety is always
more important than profits!

McDonalds was wrong in this case, but personal safety doesn't always come before profits. We make a trade off between safety, comfort and convenience.

Anyway, when safety problems are obvious, corporate America doesn't always care. Good thing we have a court system to help the little guy!