"It's Easier to Bury a Tradition Than a Child"

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   / "It's Easier to Bury a Tradition Than a Child" #141  
Edited: I'm deleting my whole response. For any who may have read it, I apologize for the tone of it but stand by the general theme of it, it just had no place here on TBN. Apologies specifically to Rox. I couldn't disagree with you more and I'd love to have a civil debate on the subject, just not here.

George,
No problem I didn't even see it. You should see the post I wrote once that Bird pulled. The next day of course I realized he was right I was way off the TBN base. At least you ahd the good sense to go back and pull it yourself.

Not all cars have cup holders. I am even more prone to punishing MDs now that I find out she was a passanger. As a passanger with normal hot coffee she no doubt could have recovered from a small spill as she wasn't driving. Spill a little bit and then quickly set the cup straight and recover. With the super hot coffee insticutal reactions take place which no doubt caused the whole darned cup to spill entirely all over her. I wonder why McDonalds just didn't settle.

To me this would be the same thing if stores found they could save money on refridgeration buy keeping the popsicles on dry ice. The popsicles are so cold that kids licking them rip off parts of thier tongues trying to get the popsicle off thier tongue. Sure popsicles are supposed to be cold. But popsicles shouldn't be served to the public at such a temperature below the norm that the unsuspecting public gets hurt. The excuse of,
"Well you knew they would be cold" just doens't cut it does it? Not to me it doesn't.
 
   / "It's Easier to Bury a Tradition Than a Child" #142  
It's all about "reasonable expectations". Now don't get me wrong. I'm 110% behind the PERSONAL RESPONSIBILITY side. But, you go up to a drive up window at a chain that once hawked their stores as "your kind of place", you expect certain things. Hot coffee being one. NOT near boiling coffee. Anyone who's ever drank a cup of coffee while on the move has probably spilled a few drops on themselves. You aren't suprised when it's hot enough to draw a reaction. Now you probably wouldn't expect it to require skin grafts, an ambulance ride, missing several days of work, or excruciating pain, regardless of where, how or why you spilled it.

McDonalds knows the legal climate. They're very much aware of what can happen if they don't go out of their way to reduce the likelyhood and/or extent of an accident. It's up to them to develope company policy, then ENFORCE that policy so that sort of risk is reduced or eliminated.

I'm sure many of you know about the now imfamous McDonalds "strip search" incident. Someone in Florida called several McDonalds around the country (among others) and pretended to be a police officer. They talked unsuspecting managers into first accusing young FEMALE employees of theft, then getting the manager to strip search those employees while they stayed on the phone. MOST cases, the scheme failed. In at least one, the caller found a "naive" manager, who also found an employee who was easily intimidated, and naive enough to go along with the plan. The store manager even called her boyfriend into her office. He took the instructions over the phone and actively participated in the "search". His part went over the line and was later determined to be an assault. McDonalds has a corporate policy forbidding strip searches. They have training to teach managers to deal with situations. Even our society as a whole knows that this isn't "normal behavior". Yet, when all was over, the victim (18 yo girl) sued, successfully, and got millions from McDonalds for not protecting her as an employee. (Jury awarde 8.2 mil after originally demanding 100 mil) And you know what was even more incredable? The MANAGER sued.....and WON.....1.1 mil, because her position at McDonalds exposed her to the RISK of being involved in a situation like this, which she argued, destroyed her reputation..... YEP......She won.......A jury sympathized with the managers "plight". McDonalds, the billion dollar impersonal corporate giant didn't do ENOUGH to reduce the likelyhood of a managers being involved in the situation according to those jurors. While it's argueable the "victim" should have known better, and NOT allowed this to happen, it's beyond my comprehension why the manager was not only aquitted of all LEGAL ramifications, but awarded financially for her part. Obviously, McDonalds is responsible for the actions AND welfare of it's employees/customers, even if they're violating company policy (as well as violating "common sense"!!!)

By the way, the caller, who was identified through phone records and prior convictions in simular cases was brought to trial and aquitted, then absolved of ALL civil responsibility.

That McDonalds is less than 1/8th mile from my house. I'm reminded of just how easy it would be for a hapless victim of their own stupidity to become a millionaire at my expense every time I drive past the golden arches.

Again, not saying this is RIGHT, just with current laws, the current legal environment, and our bleeding heart liberal society at large, it's now "reasonable" to expect EVERYONE else to protect us from ourselves. Some people see it as their calling in life to point out those weakness's in the legal system, even if it does make them fabulously wealthy for their efforts. WHy expect anyone to leave millions laying on the table when they have a clear shot at getting it? Just because something is YOUR fault, why shouldn't someone else take the blame? (Sarcasm indicator light flashing brightly!!!!!!)
 
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   / "It's Easier to Bury a Tradition Than a Child" #143  
Me too N80 (..but I will leave my post, the one about how she should share in responsibility.)

Hmmm, I wonder why no one sued the driver for failing to properly supervise the aged person who was apparently incapable of safely handling her own affairs. Some lawyers missed an opportunity!!!

Like juries, we sometimes are influenced by peripheral issues to an extent that surpasses their intrinsic merit.

I'm not big on coffee drinking but have tried to sip coffee that others were swallowing and wondered how they did it without being scalded. My limited experience with coffee served in restaurants indicates that I would have been in considerable pain if regular temp coffee was spilled in my crotch.

If the coffee in question in this case were served at the NORMAL temp, then how many people would agree with court results? Surely more of us would think "PERSONAL RESPONSIBILITY." Well, personal responsibility doesn't magically evaporate because the provider of the hotter than average coffee had scuzzy ethics. Think mutual responsibility. The results of the ladies actions were terrible BUT I don't think MD encouraged her to put the coffee in her crotch.

Using this case as an opportunity to GET EVEN with MD because of our perceptions of their "attitude" (and ethics and morality) and its effects on previous complaining customers does not illustrate the best in jurisprudence.

Personally, I think the corporate morality and ethics of MD sucks and it is entirely fair and reasonable that they pay something but they were definitely not responsible for the mishap. They were responsible for making the damage worse.

Lets all look around and find some kindly looking senior citizen with Alzheimer's that we can take somewhere to get injured so we can win a big court settlement.

Pat
 
   / "It's Easier to Bury a Tradition Than a Child" #144  
Not all cars have cup holders.
Add on cup holders are all over the place.. from simple hang on ones, to ones that set on a hump ont he floor, to ones that set on a bench seat... Even ones that hang on the door.

I simply don't agree that holding a cup of hot liquid some place it can burn you is an excuse to sue when there are other reasonable ways to hold it.

If this was a passanger we are talking about.. what happened to her hands?

I'm all for corporate responsibility.. but in fairness.. I'm equally for personal responsibility.

There is overlap on these two issues, and there are times when responsibility may exceede one and yet not enter the other.

I'm sorry.. I'd just be more mad if i got home from MD's and it was hot tea instead of coffee i had ordered, vs spilling coffe on myself, after i paid for itand it was MINE. If it was too hot when i took ownership of the coffee.. I could hand it back and ask for cooler.. o / refuse it.. or I could set it somewhere it wouldn't burn me...

soundguy
 
   / "It's Easier to Bury a Tradition Than a Child" #145  
Go google McD's and coffee. You can read it for yourself.

The jury award which was reduced only amounted to a few days worth of coffee sales for McDs.

Remember the coffee was so hot it caused third degree burns. Most coffee at retails outlets is around 140-150ish degrees. McD was over 180 which does not sound like a big difference but it is. I could spill my coffee right out of my coffee pot and I would not get third degree burns.

McDs knew their coffee was served at temps that caused injury. They knew it. They had been sued. They did not care. They just wanted to save money.

If you want defend a large company selling a product that they knew hurt customers so they can make money, go right a head.

I got burned with this coffee in the time frame of the lady's injury. All I did was try to drink it. I guess I'm a dumb a...s for not expecting coffee to burn me when I drink it. My coffee made at home with different brewers has never done this. I have not been burned when buying coffee at other places over the years. Just McDs way back when.

McDs now has coffee had drinkable temps.

About the same time as the lady getting third degree burns there were two lawsuits from psychics. One got a MRI or some such scan and sued that they had lost their powers. The other had an accident on a ski slope and lost thier powers. THOSE were BS lawsuits. The McDs lawsuit over the company knowingly hurting people to save money was legit.

The penalty, a couple day of McDs coffee sales, was eventually knocked down. Only a few people really know how much she was paid for eight days in the hospital because it was eventually settled out of court.

Later,
Dan
 
   / "It's Easier to Bury a Tradition Than a Child" #146  
huh? how is McDonald's responsible for a franchaise that might have a coffee maker with a bad thermostat? I highly doubt that McDonald's, as a corporation, "knowingly and willingly kept cioffee at dangerous temps" - that is totalyl absurd to even think that way.


This thred is absolutely hilarious. The "bleeding heart liberals" are no worse than the extremist right wingers here, and frankly, anyone swinging one way or the other needs to start thinking a little more practically...
 
   / "It's Easier to Bury a Tradition Than a Child" #147  
huh? how is McDonald's responsible for a franchaise that might have a coffee maker with a bad thermostat? I highly doubt that McDonald's, as a corporation, "knowingly and willingly kept cioffee at dangerous temps" - that is totalyl absurd to even think that way.

Go Google. Read for yourself.

McD's policy was to keep coffee at around 185 degrees. It was NOT a bad thermostat in one store. It was company policy. They did KNOWINGLY did this.

Its not a political issue.

Later,
Dan
 
   / "It's Easier to Bury a Tradition Than a Child" #148  
huh? how is McDonald's responsible for a franchaise that might have a coffee maker with a bad thermostat? I highly doubt that McDonald's, as a corporation, "knowingly and willingly kept cioffee at dangerous temps" - that is totalyl absurd to even think that way.


This thred is absolutely hilarious. The "bleeding heart liberals" are no worse than the extremist right wingers here, and frankly, anyone swinging one way or the other needs to start thinking a little more practically...

It's still about personal responsibility.

The coffee could have been 219'.. if it wqs handled correctly.. no burns would have resulted.

I bought a gallon of acid to clean my driveway with.. 99.9% of the bottle was warnings ... everything from the blinding to scaring.. death from inhalement or ingestion..e tc...

I probably was in muchmore danger than the lady with 8oz of hot coffee from Md's.. I did not hold the jug in my lap on the way home... I took reasonable precautions when using it.. everything turned out ok. if I had a drip hit my arm when pouring it before dilution and it burned me.. i wouldn't be suing lowes because they sold me 'acidic' acid... ;)...

too many people don't want to take personal responsibility .. and too many others are real happy and eager to give away other peoples money so that some people don't have to be personally responsible.

Now.. from the other side... had the cup failed and dumped the coffee on the lady thru no fault of her own.. and I'd be right there saying the company had liability fault....

soundguy
 
   / "It's Easier to Bury a Tradition Than a Child" #149  
Go google McD's and coffee. You can read it for yourself.

Right. If it comes up on google, its true.

The jury award which was reduced only amounted to a few days worth of coffee sales for McDs.

So what does that mean? How does McDonald's income relate to the damages awarded? Obviously, that's a rhetorical question. The general store on the corner owned by Ma and Pa Kettle could have served that woman hot boiling lye and none of the plianitiffs attorneys would have returned her phone calls.

Remember the coffee was so hot it caused third degree burns.

Remember, burn damage is related to temperature AND exposure time. Multiple other factors are involved too. But, a jury of monkeys can't be bothered with that type of data.

Most coffee at retails outlets is around 140-150ish degrees.

Hogwash.

McD was over 180 which does not sound like a big difference but it is. I could spill my coffee right out of my coffee pot and I would not get third degree burns.

Prove it.

Regardless. You're most likely wrong (I can't prove it either). But if you dump 150 degree coffee, which you have so proudly hailed as somehow 'safe' it will almost instantly cause 2nd degree burns and if left long enough, especially bound up in cheap polyester panties, it could cause worse. But the point is: SO WHAT?!?!? If 150 degree coffee can cause second degree burns, and it surely can, how much is a lap full of 2nd degree burns worth to a jury spending someone else's money?

So, Dan, are second degree burns okay? Yes? Why? Are you telling me its okay for big corporations to hand out cups full of liquids that they KNOW can cause 2nd degree burns? Really? How cold and callous you must be to expect the average citizen not to dump 2nd degree burn-causing liquid in his lap. You must be on Burger Kings payroll. Or maybe you would decide that 150 might just be too hot. Where would you put the cutoff? Don't they tell us to set our water heaters to 120 or less. I know tons of coffee drinkers who would spit out bath-tub hot coffee.

So you see where this hott-ER logic gets you. No where. It all comes back to the fact that if you dump a hot liquid in your lap its going to hurt you. Period.

McDs knew their coffee was served at temps that caused injury. They knew it.

Hogwash again. Coffee at 110 degrees will cause injury if you use it as an enema or an eye wash. Why is McDonalds liable for people doing stupid things with a hot liquids.

They had been sued. They did not care. They just wanted to save money.

No one has adequately explained how hot coffee saves money. The theory that it discourages free refills is moronic. If coffee is too hot to drink, customers won't come back. If they do, then the temp of the coffee has been proven by market forces to be just fine. So lets put that hogwash behind us. If it is less then 212 in my book then its just hot coffee. nothing more, nothing less.

If you want defend a large company selling a product that they knew hurt customers so they can make money, go right a head.

I don't have to defend anyone. I don't think any corporation, company or individual should be liable for the endless forms of creative stupidity that Americans use to hurt themselves.

If she had purchased an "Ice Cold Coca Cola" and it turned out to be boiling coffee then that's one thing. That did not happen. She purchased HOT coffee, placed it in her LAP, while operating a motor vehicle on public roads. The outcome of those actions was predictable. If the coffee had been 150 degrees the outcome would have not been measurably different.

I got burned with this coffee in the time frame of the lady's injury.

I bet you felt stupid!!

But hey, can I borrow a million dollars? What, you didn't get yours? Now I bet you feel REAL stupid.

McDs now has coffee had drinkable temps.

"Drinkable" is your term. I know people who drink coffee out of cups too hot for me to hold that would contest your use of the term 'drinkable'.

The penalty, a couple day of McDs coffee sales, was eventually knocked down.

Back to the deep pockets huh?

Only a few people really know how much she was paid for eight days in the hospital because it was eventually settled out of court.

McDonalds offered to pay hospital bills, lost time and wages and damages. She turned it down. She did something that EVERYONE knows is risky, stupid and with predictably bad outcomes, hurt HERSELF and was then offerred that amount and she turned it down. That's all the proof you need to let you know that this case was an example of nothing more than absolute greed and ambulance chasing.

Psssst. OJ was innocent.

Later,
Dan[/quote]
 
   / "It's Easier to Bury a Tradition Than a Child" #150  
Tractors are responsible for 41% of the accidental farm deaths of children under 15, yet 4 out of 5 farm children regularly ride tractors with family members.

i hate meaningless statistics!

what does that mean? out of the 10 accidental farm deaths of children under 15, 4 of them fell off tractors while rideing with someone else?

does that mean that 4 of the kids were run over by a tractor not even having sat ON the tractor?

does that mean that 4 of the kids were killed when the tractor caught on fire burning down the house and killing a kid when the kid wasnt even on a tractor?

I put a pic of a kid riding in the lap of granpa and everyone automatically assumes that ALL the kids were killed falling out of the lap and off the tractor when in fact there is nothing in the original statement to support that idea. THis my friends is how marketing works!

all that said was of all the accidental farm deaths (how many is that?)
and of all of those, the ones that included children 15 and under (how many fewer is that!)
and of all of THOSE 41% had a tractor involved.

smallest fraction i can come up with is 5 in 12.

How many kids die in car accidents every year from not being restrained properly? How many kids die in house hold accidents every year?

i think id be more focused on trying to make small changes to a very LARGE number instead of large changes to a small number.
 
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