madamethursday:
[Image: A black coffee cup with the words on the side: “If this was another country we’d have to tell you that this coffee may be hot. Good thing this is Canada!]
writeswrongs:
irollforinitiative:
favabean05:
truthandglory:
assbanditkirk:
whoa canada
someone needs to turn down that sass level
Two things to know about Canada!
- We are smart enough to know hot things should be hot.
- We are sorry if you don’t
A few things you need to know about this hot coffee case:
- It wasn’t an issue of the coffee being because no fucking shit coffee is hot, but McDonald’s had over heated their water to 250 degrees Fahrenheit. That’s 121C. Not just hot, but really FUCKING hot. Your fancy Starbucks lattes are brewed to 150 degrees.
- The 79 year old woman had this cup of 250F (121C) coffee between her legs when it spilled so 250F (121C) coffee spilled on her genitals
- She got third degree burns…on her genitals. THIRD DEGREE.
- She had to have skin grafts to repair the damage
- When she sued McDonald’s, it wasn’t for millions of dollars, it was for $20,000 to cover hospital costs and court fees. 20-fucking-thousand.
- McDonald’s settled and changed their heating policy, but not before making her sign a gag order keeping her from talking about this case
- So she had to live on hearing little shits like you call her stupid and money-grubbing, and other horrendous stuff because she dared ask the company in the wrong to fix what they fucked up.
I know I’ve reblogged this before tonight but so help me god, I will keep reblogging this with the proper information so everyone can maybe learn not to be an asshole. Like I said before, next person to mock this woman can have 250F (121C) water poured on their dick or lady dick and see how you like it.
So sit the fuck down, Canada.
Slow clap it out for the hot piece of sass that is my rp partner.
shit you don’t hear
Thank you, oh wonderful person, for laying down the facts. I just want to scream when people make fun of the plaintiff from Liebeck v. McDonald’s Restaurants because goddammit, McDonald’s not only was heating the coffee too hot, but it was too damn hot for the cups that they were putting it in. This cup basically exploded on this woman, okay? She didn’t spill it, the cup ruptured. Because the company had their coffee at an unreasonably fucking hot temperature.
McDonald’s was totally and utterly negligent under the fucking LEGAL definition of negligence, which is:
1. Owing a duty of care to a person (meaning: having a responsibility to act reasonably to prevent harm from coming to customers or “business invitees” who they have invited onto their premises to do business with them or in the case, who they’ve asked to come to McDonalds and buy their food and drinks)
2. and Breaching that duty (meaning: They failed to act reasonably to prevent that harm because they HEATED THE WATER TO A FUCKING OUTRAGEOUS POINT, a point beyond what the cups they gave customers could handle)
3. So that the breach causes (meaning: the heating of the water was the actual and proximate cause of the injuries, which is just saying that not only did the hot water cause the injuries, but if not for McDonald’s overheating the water and supplying lousy cups, the injury would never have occurred)
4. Actual Harm (meaning: the burning of someone’s legs and genitals is definitely a form of harm).
This woman met every single legal criteria and all she wanted was enough to cover her medical bills. And yet people want to run their mouths without knowing any of that.
So, whoever manufactured this cup can just shove it where the sun don’t shine.
Just to chime in with other noteworthy facts:
The only reason the case ever went to court was because in response to her demand for $20,000 (to cover medical expenses) all McDonald’s offered was $800. This means McDonald’s probably could have negotiated an amount far, far, less than $20,000. But they didn’t budge at all in negotiations, so the plaintiffs decided to go to court over it.
The reason the case is noted is that the plaintiffs lawyer, after showing how resoundingly unreasonable McDonald’s was (see above), suggested the jury award punitive damages (which are supposed to deter people from being incredibly unreasonable) equal to one or two days worth of profits from coffee. The jury thought it was a great idea, and that turned out to be $2.7 million dollars. The judge decided that was too much and reduced it to $480,000.
Some people like to hold this case up as a poster case of frivolous lawsuits, because they focus on the $2.7 million number. But the justice system worked as intended- and that number was reduced by the judge.
Given that cases of companies preparing coffee at unreasonably hot temperatures happen all the time, it seems that if anything the $480,000 wasn’t enough.
Furthermore, these kinds of cases are tossed out all the time before even being given a trial, because of judges who have bought into the whole “well the coffee was hot and you should have known” bullshit that McDonald’s spewed.
So the next time someone is talking about a lawsuit and calling it frivolous, remember the kind of lies and mischaracterizations spread about this case by people who want to ensure companies aren’t liable for being incredibly unreasonable, and then double check the facts of the case they are talking about. Because this isn’t the first (and won’t be the last) time a case was held up as frivolous when it really wasn’t.
(via hoidn)