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Topic80 year old woman sues SF McDonald's because of another Hot Coffee Incident.
animebop
09/21/23 10:15:34 AM
#54:


ChocoboMogALT posted...
I'm not sure about the FDA stuff, but McDonald's strategy to impugn the plaintiff is well documented and was effective.

Duh, anyone that gets sued impugns the plaintiff. The FDA stuff is the wild part.

deathproof12 posted...
I don't understand how coffee is hot enough to cause third degree burns

Historically, coffee was made by boiling water. You just can't make coffee the way people like without bringing it up above 170 degrees. Five seconds at 120 degrees can cause 3rd degree burns; obviously coffee would rapidly cool after spilling out of the cup, but it can still be dangerous. Generally, people start responding with pain around 105 or 110 degrees, so if you've ever had something that made you go "ah" then that was likely hot enough to cause 3rd-degree burns in the right situation. Most places serve coffee above 140 degrees.

MICHALECOLE posted...
Okay but like is there a legal temperature a coffee is supposed to be? Like a guideline? if there is a how hot is too hot guideline then sure.

the top being faulty means much more to be, honestly

No, it falls under general product liability. For example, if you break your wrist while snowboarding you can't successfully sue anyone (normally). It's a recognized danger and the activity and slope are designed with safety in mind. Coffee is hot. Consumer preference is for hot coffee. Industry guidelines for coffee say that the best flavor is from hot coffee. Cups, lids, and cardboard sleeves are all designed with the temperature of the coffee in mind. Caution is added to the cups. We all kind of know that coffee is hot e.g. we wouldn't let a baby play with hot coffee. That's why generally courts throw out hot coffee lawsuits.

Outside of safety failures (lid not secure would be a safety failure), is this a sufficient defense for coffee makers?

https://www.youtube.com/watch?v=52-qDGdQy80

There's a lot of stuff that's dangerous, like pant zippers. Around 2000 people a year in the US go to the hospital room because they zipped up their junk; a handful of them suffer long-term consequences.

There's a court case that is written by a judge that goes fairly in depth.
https://caselaw.findlaw.com/court/us-7th-circuit/1365042.html

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