# McDonald's coffee lawsuit revisited

**URL:** <https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503>\
**Category:** Great Debates\
**Created:** [July 30, 2002, 8:20am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503 "2002-07-30T08:20:48Z")\
**Posts on this page:** 20\
**Page:** 16

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**Author:** ![Patty\_O\_Furniture](https://avatars.discourse-cdn.com/v4/letter/p/96bed5/32.png) [@Patty\_O\_Furniture](https://boards.straightdope.com/u/Patty_O_Furniture)\
**Post date:** [February 11, 2003, 12:55am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/301 "2003-02-11T00:55:28Z")

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I’m going to sue you for not opening up a new thread.

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**Author:** ![Mtgman](https://avatars.discourse-cdn.com/v4/letter/m/b5a626/32.png) [@Mtgman](https://boards.straightdope.com/u/Mtgman)\
**Post date:** [February 11, 2003, 4:08pm UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/302 "2003-02-11T16:08:18Z")

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I say we stuff rock-hard bagels down his throat and pour 185° coffee in his crotch.

Enjoy,  
Steven

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**Author:** ![blowero](https://avatars.discourse-cdn.com/v4/letter/b/41988e/32.png) [@blowero](https://boards.straightdope.com/u/blowero)\
**Post date:** [February 11, 2003, 8:08pm UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/303 "2003-02-11T20:08:28Z")

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Oh, God - just when the nightmares from starting this thread last year had finally stopped…:eek:

[cue music from “Platoon”]

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**Author:** ![tomndebb](https://avatars.discourse-cdn.com/v4/letter/t/b9e5f3/32.png) [@tomndebb](https://boards.straightdope.com/u/tomndebb)\
**Post date:** [February 11, 2003, 8:14pm UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/304 "2003-02-11T20:14:46Z")

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If the nightmares are coming back, **blowero** , you can (as the OP) always e-mail a moderator asking if they’d consider closing it.

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**Author:** ![blowero](https://avatars.discourse-cdn.com/v4/letter/b/41988e/32.png) [@blowero](https://boards.straightdope.com/u/blowero)\
**Post date:** [February 11, 2003, 8:32pm UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/305 "2003-02-11T20:32:01Z")

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Oh, I was just kidding. I’m not _really_ having nightmares. The Valium really helped a lot with that.

In all seriousness, though, the best thing would be for **Fear Itself** to start a new thread on the bagel thing. This thread played itself out a long time ago.

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**Author:** ![Tommyturtle](https://avatars.discourse-cdn.com/v4/letter/t/8491ac/32.png) [@Tommyturtle](https://boards.straightdope.com/u/Tommyturtle)\
**Post date:** [March 8, 2003, 1:26am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/306 "2003-03-08T01:26:19Z")

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Has anyone wondered why McDs defense team didn’t subpoena the old lady’s personnal coffee maker? Find out just what temperature it makes the coffee she is most used to…it seems to me if her coffee maker made coffee just as hot as what burned her it would of blown her case right out of the water.

Just my opinion but I suspect most home coffee makers make coffee just as hot as McDs coffee and if she can understand the concept of freshly brewed coffee bing too hot to immediately drink at home why can’t she take due care while fussing with it? Especially in a car…a place spills happen with inordinate regularity.

But if you really want to get on McDs back about something what about those damned hellishly hot apple pies? Has a single person ever eaten one of those things without burning the roof of their mouth?

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [March 8, 2003, 1:41am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/307 "2003-03-08T01:41:35Z")

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_smacks head against keyboard_

It. Never. Ends.

**Tommyturtle** , did you even READ a single post in this whole thread?

:rolleyes:

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**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\
**Post date:** [March 8, 2003, 2:37am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/308 "2003-03-08T02:37:57Z")

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> [@](#):
>
> Has a single person ever eaten one of those things without burning the roof of their mouth?

What? Married people can’t have the same problem?

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**Author:** ![Tommyturtle](https://avatars.discourse-cdn.com/v4/letter/t/8491ac/32.png) [@Tommyturtle](https://boards.straightdope.com/u/Tommyturtle)\
**Post date:** [March 8, 2003, 7:47am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/309 "2003-03-08T07:47:43Z")

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Yes I did read all the posts here Guinastasia.

The main point in favor of awarding this lady damages seems to be that other fast food places serve their coffee at a lower temperature than McD did. Thus she was unaware of how much danger she was placing herself in by going to McD for her coffee.

I say so what difference does it make what temperature any other restaurant serves their coffee?

My point however is she like most any coffee drinker in all likelihood makes her own coffee at home at the same exact temperature at McD does…who knows that could very well be why she used to go there in the first place for all we know.

So why is it so hard to assign the responsibility to keep said coffee out of her own lap and instead claim McD is at fault?

How many thousands of cups has she made in her own home and took proper care not to spill in her lap? The fact that she wasn’t more careful in the car isn’t McDs fault…just like if she were to spill it on herself at home isn’t Mr. Coffees’ fault.

I personnally do not drink coffee myself but earlier someone said McDonalds has sold many BILLIONS cups of coffee therefore SOMEONE must like the way they serve it. It’s seems unreasonable to me to change the way they serve their coffee for the tiny percentage who spill their coffee rather than drink it and ignore the millions who like it just the way it is now.

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**Author:** ![Raygun99](https://avatars.discourse-cdn.com/v4/letter/r/6f9a4e/32.png) [@Raygun99](https://boards.straightdope.com/u/Raygun99)\
**Post date:** [March 8, 2003, 8:55am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/310 "2003-03-08T08:55:35Z")

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Of course, she wouldn’t be taking the coffee from her coffee maker directly into her car, nor would she have to remove a lid while holding the cup in her lap to add cream and sugar.

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**Author:** ![Beagle](https://avatars.discourse-cdn.com/v4/letter/b/85f322/32.png) [@Beagle](https://boards.straightdope.com/u/Beagle)\
**Post date:** [March 8, 2003, 10:59am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/311 "2003-03-08T10:59:26Z")

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Rasputin had nothing on this thread.

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**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\
**Post date:** [March 8, 2003, 3:19pm UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/312 "2003-03-08T15:19:21Z")

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> [@](#):
>
> The main point in favor of awarding this lady damages seems to be that other fast food places serve their coffee at a lower temperature than McD did. Thus she was unaware of how much danger she was placing herself in by going to McD for her coffee.

The main point in favor of liability for McDonalds is that they sold coffee at an unreasonably dangerous temperature. What other coffee sellers did is just evidence that McDonalds was unreasonable.

And, in a defective products case, we look at foreseeable uses of the product, and it is foreseeable that someone would spill coffee. That someone did spill coffee doesn’t absolve McDonald’s of responsibility.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [March 8, 2003, 6:44pm UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/313 "2003-03-08T18:44:22Z")

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> [@](#):
>
> \*Originally posted by Raygun99 \*  
> \*\*Of course, she wouldn’t be taking the coffee from her coffee maker directly into her car \*\*

I don’t see why not. Many people are in a hurry to get somewhere, and take their coffee with them to drink in the car.

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**Author:** ![hansel](https://avatars.discourse-cdn.com/v4/letter/h/6bbea6/32.png) [@hansel](https://boards.straightdope.com/u/hansel)\
**Post date:** [March 8, 2003, 8:18pm UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/314 "2003-03-08T20:18:43Z")

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[http://boards.straightdope.com/sdmb/showthread.php?postid=2984726#post2984726](http://boards.straightdope.com/sdmb/showthread.php?postid=2984726#post2984726)

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**Author:** ![SuaSponte](https://avatars.discourse-cdn.com/v4/letter/s/67e7ee/32.png) [@SuaSponte](https://boards.straightdope.com/u/SuaSponte)\
**Post date:** [March 8, 2003, 8:20pm UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/315 "2003-03-08T20:20:02Z")

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> [@](#):
>
> \*Originally posted by Tommyturtle \*  
> \*\*Yes I did read all the posts here Guinastasia.
> 
> The main point in favor of awarding this lady damages seems to be that other fast food places serve their coffee at a lower temperature than McD did. Thus she was unaware of how much danger she was placing herself in by going to McD for her coffee.
> 
> I say so what difference does it make what temperature any other restaurant serves their coffee?

Disconnect. If you are asking that question, you obviously did not read any of the posts on “custom and usage,” much less any of my posts referencing the Restatement (Second) of Torts - which, if I may add, took hours to research and compose.

:mad:

Sua

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**Author:** ![tracer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tracer/32/20578_2.png) [@tracer](https://boards.straightdope.com/u/tracer)\
**Post date:** [March 9, 2003, 1:34am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/316 "2003-03-09T01:34:41Z")

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**McDonalds to begin serving molten lava pies**  
No temperature warning necessary, says fast food chain

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**Author:** ![SuaSponte](https://avatars.discourse-cdn.com/v4/letter/s/67e7ee/32.png) [@SuaSponte](https://boards.straightdope.com/u/SuaSponte)\
**Post date:** [March 9, 2003, 3:09am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/317 "2003-03-09T03:09:28Z")

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They taste best sprinkled with cinnamon.

And gunpowder.

Sua

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**Author:** ![Tommyturtle](https://avatars.discourse-cdn.com/v4/letter/t/8491ac/32.png) [@Tommyturtle](https://boards.straightdope.com/u/Tommyturtle)\
**Post date:** [March 9, 2003, 3:30am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/318 "2003-03-09T03:30:34Z")

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Those who think she should of gotten that judgement seem to forget she was not limited to buying her coffee at some restaurant. I can swallow that argument if and only if you can show me that this was the first time she had ever gotten coffee at McDs. Otherwise I’d say she knew how hot the coffee was and as I said before for all we know the temp was one of the reasons she bought her coffee there in the first place.

In fact I’d wager that most coffee is made in the drinkers home rather than a restaurant. This is where you compare temperatures if you must…not finding the lowest temperatures sold in other restaurants and comparing those temps.

The very nature of making coffee requires you to boil it…she knew this…I of course do not know for certain but I’d imagine she had made countless thousands of pots herself at the very same temp as McD. To make the leap that she didn’t understand coffee was potentially dangerous at this temp when she apparently was able to take enough care not to spill it on herself in her home is a leap I don’t think worthy of making.

Did she know the awful consequences of what could happen if she spilled it her car on herself? I doubt it very much…nor did most of us here realize just how bad you can be burned in such a quick time and I am not minimizing her injuries in the slightest. I do feel sorry for her…I wouldn’t wish this on anyone.

The simple fact is everyone spills occassionally. She had experience with coffee at that same temp in her home and took enough care not to spill it on herelf there it was up to her not to spill it on herself in her car where the likelihood of spillage was greater.

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**Author:** ![Guinastasia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guinastasia/32/5751_2.png) [@Guinastasia](https://boards.straightdope.com/u/Guinastasia)\
**Post date:** [March 9, 2003, 3:50am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/319 "2003-03-09T03:50:36Z")

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She did not actually get the money-it was reduced on an appeal, IIRC.

The point was, Mickey D’s WAS responsible for her medical bills, and they screwed the pooch on that.

Look, if people want to wallow in ignorance in this, I say let them.

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**Author:** ![hansel](https://avatars.discourse-cdn.com/v4/letter/h/6bbea6/32.png) [@hansel](https://boards.straightdope.com/u/hansel)\
**Post date:** [March 9, 2003, 6:58am UTC](https://boards.straightdope.com/t/mcdonalds-coffee-lawsuit-revisited/121503/320 "2003-03-09T06:58:48Z")

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The world is looking over a precipice into a hellhole of economic and political instability, and you, **Tommyturtle** , can’t stop wailing about the injustice of the McDonald’s coffee lawsuit?

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