Preview

Law Case: Mcdonalds

Satisfactory Essays
Open Document
Open Document
254 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Law Case: Mcdonalds
Tort law is defined as a body of rights which are applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. Since businesses have high amounts of money which can provide them with multiple lawyers, it makes it almost impossible for an average customer to not only defeat but even have a fair fight in court. Tort law protects the customer’s best interest and provides them the highest level of justice in these types of cases. Although tort law does give greedy people a loophole to bring up frivolous cases and receive unnecessary compensation, overall the general idea is good.

The primary issue within this case would be the negligence of McDonald's. By serving coffee to their customers at the high temperature of 180+ degrees which could cause serious 3rd degree burns is not only irresponsible but extremely dangerous. The fact McDonald's had already received over 700 complaints about this issue and chose to do nothing to prevent any further incidents shows McDonald's lack of concern and respect for their customers. The issue of hot coffee could have been easily fixed without any high burden to the company and would have avoided the bad publicity and expenses of the case at hand. Although Mrs. Liebeck should have taken more precaution in the matter, customers put their faith in a company that they will receive a safe product. Therefore, McDonald’s was rightly awarded majority blame and required to compensate Stella for her

You May Also Find These Documents Helpful

  • Powerful Essays

    Have you ever followed a court case and been astonished at the outcome and the damages awarded in the case? I believe we have all heard about cases where the plaintiff is awarded a very large sum of money for a case that appears not to warrant the award. Most of these scenarios take place in cases where the tort law applies. According to authors Kubasek, Brennan and Browne (2009), tort law is defined as injury that to a person or their property. Tort law is primarily a state law and stipulations can vary. Tort law was put in place to encourage civility, discourage people and companies from private retaliation and to compensate innocent people who are injured due to the wrongful act of a person or company. According to The Legal Environment of Business A Critical Thinking Approach, there are different types of damages awarded in relation to tort cases. These damages are nominal, which is usually awarded when the plaintiff has not suffered serious damage, compensatory, which include general and special damages, and punitive damages. Punitive damages are usually intended to punish defendants and often go beyond simply compensating the plaintiff. (Kubasek et al.,2009)…

    • 3046 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    The National Coffee Association advises that coffee should be brewed at 195 to 205 degree Fahrenheit for the ideal extraction and served at 180 to 185 degrees Fahrenheit. The law firm of Gallivan, White and Boyd gave their opinion that “Just because a product can cause serious injury when handled negligently doesn’t not mean that product is unreasonably dangerous when and if used properly” (The Original Hot Coffee Product Liability Case, Gwblawfirm.com). I believe the severity of Liebeck’s injuries and her old age is what made the jury feel sympathetic and side against McDonalds restaurants. Liebeck argued that there was no warning label on the McDonalds coffee cup to inform the customer. However on McDonalds promotional poster and on their website there was sample picture that showed “Caution: Contents Hot” in an orange text on the cup. In my opinion I do not think McDonalds should have been held accountable for Liebeck acting careless with hot coffee. However, McDonalds should have covered Liebeck’s medical expenses out of good faith since they could easily afford it. McDonalds sending Liebeck for $800, which didn’t even cover half of her medical bills, displays McDonalds lack of concern and sympathy for Liebeck’s horrendous injury. Even worse, from 1982 to 1992, McDonalds coffee has burned more than 700…

    • 1016 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Law 421 week 2 work

    • 1527 Words
    • 5 Pages

    Ms Liebeck spilled her coffee on herself which caused her to get burned. She sustained 3rd degree burns because the coffee was brewed at a higher temperature than other restaurants. The case was ruled in favor of Ms. Liebeck. The jury declared McDonald’s negligent because their coffee was found to be 20 degrees hotter than it should have been. McDonald’s had received many complaints about their coffee being too hot and failed to do anything about it. So their actions were considered to be reckless because they did not warn their customers about the temperature of the…

    • 1527 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    This case was brought upon by an older lady by the name Stella Liebeck, who purchased a 49 cent cup of coffee at the New Mexico franchise. She purchased it through the drive-thru and while her grand son drove, she opened the lid while the cup was between legs to add sugar and cream. The opening of the lid was that action that caused as serious problem for McDonald's, by doing so she spilled coffee on her lap. Even though coffee is know to be hot this one was a little more than hot, Mrs. Liebeck endured third degree burns form it. Since the coffee was directly on her lap the burns where in highly sensitive areas of her body. Her burns were so sever that the covered six percent of her body, and hospitalized her for eight days. She contacted McDonald's with intend to collect and settle for $20,000, but McDonalds refused, which drove to file in court.…

    • 873 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Reasearch Tote Case

    • 3071 Words
    • 13 Pages

    Due to the number of assumed meritless cases in the United States the Tort Reform movement was born to propose reducing tort litigation and damages. The advocates on this reform says that small businesses are suffering much like how the Chungs, who had to close their business because of the financial strain that the case caused them, and critics of the reform states that “ it is movement that seeks to strip Americans of their legal rights” (History, 2011). A closer look at the statistics and unbiased research of the two cases will truly determine whether the cases have any merit or not.…

    • 3071 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    It has been an ongoing issue since the 1950s, and as seen in the documentary “Hot Coffee”, most people do not know the real meaning of tort reforms. The reason for these proposed changes are based on the facts that people were getting greedy and wanted to make easy and fast money, thus were suing for anything they considered damaging for them. Simultaneously lawyers were taking up this opportunity to make money out of the lawsuits that were filed by their clients.…

    • 599 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Unit 1 Tort Law

    • 1202 Words
    • 5 Pages

    Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others. Tort claims usually involve state law and are based on the legal premise that individuals are liable for the consequences of their conduct if it results in injury to others.…

    • 1202 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Business law

    • 631 Words
    • 2 Pages

    Let’s just say that the cup actually broke on its own while she was holding it, then that would be a different story. Then the lawsuit would make more sense to most people and she should be granted some kind of payment for her damages. Although McDonalds had over seven hundred complaints of hot coffee, the company itself doesn’t tell their customers when to drink it. If the coffee is too hot then wait a little while till it gets cooler. If the coffee at McDonalds is too hot for someone then go somewhere else. In this case the coffee actually was too hot for the cup itself to actually handle and led to Stella Liebeck to suffer from third degree burns.…

    • 631 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    ALBUQUERQUE - A woman, who was scalded when her McDonald 's coffee spilled won a jury award of $2.9 million - or about two days ' coffee sales for the fast-food chain. Lawyers for Stella Liebeck, 81, who suffered thirddegree burns in the 1992 incident, contended that McDonald 's coffee was too hot. A state district court jury imposed $2.7 million in punitive damages and $160,000 in compensatory damages Wednesday. Ken Wagner, one of Liebeck 's attorneys, said that he had asked the jury for punitive damages equal to two days ' worth of McDonald 's coffee sales, which he estimated at $1.34 million a day. Testimony indicated McDonald 's coffee is served at 180 to 190 degrees, based on advice from a coffee consultant who has said it tastes best that hot, Wagner said yesterday.…

    • 2630 Words
    • 11 Pages
    Good Essays
  • Good Essays

    Tort Reform Legislation The Seventh Amendment to the United States Constitution provides for the right to a jury trial in certain civil lawsuits. The proponents of tort reform legislation believe that in recent past there have been abuses in the civil justice system that need to be limited. In contrast, the opponents of the legislation believe that access to courts in order to seek remedy when deliberately or negligently harmed is vital for safeguarding individual rights. Opponents also believe that these rights have been under attack by interests of bug businesses over the past few decades.…

    • 624 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Tort Reform

    • 1274 Words
    • 6 Pages

    In the past several years, the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled tort law into the public eye. The term tort is defined as “Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought” (thefreedictionary.com). While there has been plenty of attention regarding tort law, there has been just as much attention focused on tort reform. “Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and limiting the awards they could receive” (Crane).…

    • 1274 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Tort Reform

    • 1409 Words
    • 6 Pages

    In the United States justice system, a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person, but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years, tort law has become the center of scrutiny through the increase in tort costs, insurance liability costs, and the number of frivolous lawsuits made. This scrutiny has lead to the creation of tort reform. Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and limiting the award that could be received (Crane). The upbringing of this reform has also brought to the table two clear and divided groups and their opinions of tort reform; the advocates of tort reform and the opposition.…

    • 1409 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    Facts: Matt Theurer was an 18 year old adult that worked at McDonald’s part time. His friends and family worried about him because he had many extra-curricular activities, worked for the National Guard, and worked for McDonalds. McDonald’s informal policy did not allow high school students to work more than one midnight shift per week or split shifts. There was a special clean-up week McDonald’s held, Theurer worked five nights. One night he worked until midnight, another until 11:30pm, two nights until 9pm, and another until 11pm. On Monday, April 4th, 1988, Theurer worked from 3:30 until 7:30pm, followed by the clean up shift beginning at midnight until 5am on April 5th, and then he worked another shift from 5am until 8:21am. During that shift, Theurer told his manager he was tired and asked to leave from his next regular shift. The manager accepted his request, and Theurer began to drive home. He was driving 45 miles per hour on a two lane road when he either fell asleep or became drowsy. Theurer crossed the dividing lane into on-coming traffic, and crashed into Frederic Faverty’s minivan. Theurer was killed and Faverty was seriously injured. Faverty settled his claims with Theurer’s estate, and then he filed suit against McDonald’s.…

    • 1194 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Personal Injury

    • 517 Words
    • 3 Pages

    A tort is any wrongdoing any wrongdoing to a person or their material goods for which a claim for damages may be made. The wrongdoing is the source of a lawful claim. At the same time as a tort includes injury to material goods, a personal injury tort just connects closely with bodily or emotionally injury to anyone. Personal injury legal suits, as in opposition to illegal proceedings which are started by the government, are social legal suits brought by particular person against other one, business, company, or the government department. A few torts are also liable to be punished by criminal offense, but tort law only determines legal means to recover a right. A state's general law and statutory law bring tort claims into conformity with regulations.…

    • 517 Words
    • 3 Pages
    Good Essays
  • Good Essays

    History of Torts

    • 421 Words
    • 2 Pages

    The modern law of torts has evolved through four main stages. In early stage when society was primitive private vengeance and self control were the only remedies available to the wronged person against the wrongdoer. He could get his wrong redressed with the help of his friends or relatives. The second stage of development of civil law was characterized by the state coming into existence when its functions were only persuasive in nature. It did not have enforcing power by which it could penalize the wrongdoer. In the third stage, wrong could be redressed by payment of compensation by the wrongdoer to the victim who was affected by the wrongful act. The modern law which represents the fourth stage recognizes the state as the sole authority to implement and enforce civil as well the criminal law for the administration of justice.…

    • 421 Words
    • 2 Pages
    Good Essays