Great Circle Associates List-Managers
(January 1997)
 

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Subject: Re: List Manager Duties - Legal Advice
From: Eric Thomas <ERIC @ VM . SE . LSOFT . COM>
Date: Sat, 4 Jan 1997 03:09:15 +0100
To: list-managers @ greatcircle . com
In-reply-to: Message of Fri, 3 Jan 1997 16:30:02 -0500 from list-managers-owner@GreatCircle.COM

On  Fri, 3  Jan  1997 16:30:02  -0500 Jailbait  <jailbait@apocalypse.org>
said:

>   Stella  Liebeck, 79,  purchased a  cup of  McDonald's coffee  while a
>passenger in  her grandson's automobile.  Ms. Liebeck attempted  to hold
>the cup securely between her knees while she removed the plastic lid.

Only  a complete  idiot  would  place something  that  can  tip over  and
contains  a  dangerous fluid  in  a  pivotal  hold  such as  this,  which
facilitates tipping.

>McDonald's coffee,  if spilled, could cause  full-thickness burns (third
>degree to the muscle/fatty tissue layer) in two to seven seconds.

So would  the cup of tea  I just made myself  an hour ago. The  water was
actually boiling when  I poured it, which  I believe is 212F.  I did not,
however, attempt to hold it between my knees, did not suffer third degree
burns, did not go through START and did not collect $200k.

>   McDonald's knew about this unacceptable risk for more than 10 years;

I've known about the risks of making tea for longer than that. I still do
it with boiling water, so I must be at least as dense as McDonald's :-)

>   Most consumers don't know that coffee this hot causes such injuries.

Well, I guess most consumers in the US must be complete morons then, both
because they didn't  learn this at school, and because  they think that a
simple second degree facial burn (car brakes, user spills coffee on face)
is of little enough  concern that there is no need  to pay attention when
opening a cup  of hot coffee in a  motor vehicle. If this is  the case, I
guess  it makes  sense to  have laws  designed for  this degree  of brain
usage. I'm just glad I live in a country that doesn't :-)

>Nor do they  know McDonald's made a practice of  serving its coffee this
>hot.

I guess their mommies  never told them that when you  grab a container of
something that  is normally supposed  to be hot,  you first make  sure to
find out just how hot it really  is, yep, BEFORE putting your hand inside
or gulping it  down or spilling it  all over yourself. I  learned this at
the same age I was told to grab knives by the handle.

Actually, this is  doubly interesting. Try making an  experiment the next
time you're at McDonald's and just ask people who have a cup of coffee on
their tray whether this is the first  time they eat at McDonald's or not.
Something tells me  you won't find many positive answers.  Even mice have
the  ability  to learn  and  remember  things  from repeated  usage,  but
evidently "Most  consumers" don't. How  much did that lawyer  make again?
30% of $2.9M, right? I know people who would feel genuinely sorry for the
plight of persecuted mosquitoes for that kind of money.

>What's  wrong  with  penalizing   irresponsible  behavior  that  injures
>consumers?

Nothing.  That's why  we  don't  allow lawyers  to  run  our country  and
especially not to collect 30% of the damages awarded.

>   The news media, the day after the verdict, established that coffee at
>the  McDonald's in  Albuquerque  is now  sold at  158  degrees. At  that
>temperature, it would take about 60 seconds to cause third-degree burns.
>Mission accomplished.

And our  next item  on the  agenda: ban  tea pots  that deliver  water at
temperatures higher than 158F!

  Eric

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From: "Lazlo Nibble" <lazlo@swcp.com>

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