Preview

Liebeck V Mcdonald's

Good Essays
Open Document
Open Document
1376 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Liebeck V Mcdonald's
Business Law
Case Study
4/16/10

Liebeck V McDonald’s Corporation The case of Liebeck V McDonald’s Corporation also known as “The McDonald’s coffee case” is a well known court case which caused a lot of controversy. In February of 1992, Stella Liebeck, a 79 year old woman from Albuquerque, New Mexico sued McDonald’s Corporation for suffering third-degree burns from their product. Mrs. Liebeck and her grandson visited a local McDonald’s drive-thru and ordered a cup of coffee. After pulling away from the window, Mrs. Liebeck’s grandson stopped the vehicle so that his grandmother could add sugar and cream to her coffee. Mrs. Liebeck placed the cup between her legs to secure it and attempted to remove the lid. In the process of removing the lid, the coffee spilled onto her lap. Mrs. Liebeck was wearing sweatpants which absorbed the coffee and held the hot liquid against her skin. After being taken to the hospital, Mrs. Liebeck underwent skin grafting to correct the third-degree burns covering six percent of her body. She was hospitalized for eight days and after she was released, she had to undergo two years of treatment. Mrs. Liebeck tried to settle with McDonald’s corporation by seeking $20,000 to cover her medical expenses, but the corporation only offered her $800. After McDonald’s refused to raise their offer, Mrs. Liebeck filed a suit. During the case, it was discovered that McDonald’s requires franchises to serve coffee at 180-190 degrees Fahrenheit. At that temperature, the coffee would cause a third-degree in two to seven seconds. Witnesses for McDonald’s were questioned regarding the coffee and they stated that consumers were not aware of how hot the coffee was and that they could be at risk of serious burns. They also testified that McDonald’s did not warn customers of the risk and couldn’t provide an explanation as to why there was no warning. The witnesses also said that McDonald’s did not intend to reduce the temperature of the coffee.

You May Also Find These Documents Helpful

  • Good Essays

    14. As a further result of the injuries sustained by Plaintiff, there is a reasonable probability that Plaintiff will require further medical care and attention and will incur future reasonable and necessary expenses for medical care and attention. Plaintiff’s doctors estimated over $100,000 in future medical bills, plastic surgery, and counseling to be incurred by Plaintiff.…

    • 833 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Regardless if a corporation is an instrumentality agency if a foreign state owns the majority shares of the company at the time of a lawsuit brought against them it gives rise to possible litigation (Dole Food Co. v. Patrickson). The requirements of FSIA can define if a company is eligible for the instrumentality status. The instrumentality status also determines if a company’s jurisdiction and ownership are met due to the fact these are two critical elements.…

    • 149 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Unfortunately, a corporation can be charged and convicted of any number of crimes. If the employees or officers within a corporation violate the law on behalf of the corporation and within the scope of their employment, the corporate entity would be open to criminal charges. Corporations can be convicted of criminal wrongdoing in the same manner individuals are charged and convicted. In addition, individuals within the corporation can be charged as well. Commonly, when a corporation is charged, many of the top officers will be charged along with the corporation as an entity.…

    • 604 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The main issue is not whether the coffee is hot or not, but whether the coffee was so exceedingly hot that serving it without a warning of unforeseen danger.…

    • 844 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Case: Bell v. Starbucks U.S. Brands Corp., 389 F.Supp.2d 766 (2005), United States District Court…

    • 620 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Anne Anderson initially told one of Jan’s partners her story and put many calls into their office. However, she never a response from them! So Anne put a call into Jan Schlitchmann while he was on a radio show. Jan and his partners discussed the case and Jan agreed to go and meet with Anne and the family member’s of the children who died from Leukemia. So he went to the city of Woburn Wells. Jan saw the companies W.R. Grace and Beatrice Foods and thought it would be a goldmine for the law office to take on the case. Anderson told Jan that she and the other families were not looking for money in this lawsuit. The families only wanted an apology from the companies and for someone to clean up the area and make sure it would not ever happen again.…

    • 1370 Words
    • 6 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
  • Good Essays

    In summary, the proof that the condition that led to plaintiff Primrose’ injury can determine the outcome of the case and also potentially ensures and precludes recovery in accordant with King v. Illinois Nat. Ins. Co., 08–1491 (La.4/3/09), 9 So.3d 780; Dowdy v. City of Monroe, 46, 693 (La.App.2d Cir.11/2/11), 78 So.3d 791. Therefore, Wal-Mart should not be granted summary judgment.…

    • 410 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    1) CITATION: McDonald V. City of Chicago, III., 130 S. Ct. 3020- Supreme Court 2010…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    April 19, 2011 the lawsuit over Taco Bell’s beef was terminated. The California woman renounced the lawsuit willingly. Taco Bell did not change its products, ingredients or advertising. Taco Bell’s sales were suffering in February, 2011 because of the lawsuit in the United States (Stempel, J., 2011). The lawsuit valued the damages at $5,000,000 meaning that Taco Bell misrepresented the use of ingredients as seasonings (Nowak, M., 2014). The suit requested the court to require that Taco Bell to properly label its product as taco meat filling to make the public aware of the true content of its food. They provided the detailed list of their beef. The suit lasted two months. Taco Bell denied all allegations about their beef being falsely advertised.…

    • 137 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Judicial Restraint and Judicial Activism in McDonald v. City of Chicago Judicial Restraint is when the Supreme Court restricts their powers to avoid making any changes to public policy, unless that policy is unconstitutional. When applying judicial restraint to cases, the courts stand by stare decisis (previous decisions of the court), uphold current law, and hold strictly to the text of the Constitution. They think that by only interpreting the constitution and not creating new laws, that they are preserving the laws that this country was founded on. Judicial activism is the opposite.…

    • 685 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Leibeck vs. Pearson

    • 3029 Words
    • 9 Pages

    There are many individuals in the world who will always take a chance in life to see if they can sue an individual for what they may have feel their rights have been violated. In the case of Stella Liebeck and the lawsuits she had against McDonalds made national headline and many around the world was aware of this lawsuit. Stella Liebeck believed she was violated in being burned due to the coffee she was served was too hot and it caused third degree burns to her a large amount of her body. Many refer to Stella Liebeck lawsuit to be a frivolous lawsuit and should have never gone to court.…

    • 3029 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    Reasearch Tote Case

    • 3071 Words
    • 13 Pages

    References: Berger, J. (1994). Big Jury Award For Coffee Burn. New York Times. Retrieved from http://www.lexisnexis.com.ezproxy.umuc.edu…

    • 3071 Words
    • 13 Pages
    Powerful Essays
  • Satisfactory Essays

    Tort Reform

    • 370 Words
    • 2 Pages

    Tort reform is a group of ideas and laws designed to change the way our civil justice system works. It’s designed to make it more difficult for injured people to file a lawsuit, make it more difficult for injured people to obtain a jury trial, and to place limits on the amount of money injured people receive in a lawsuit. In my opinion it's just all a load of crap that takes a dump on our already sketchy legal system. It takes the rights of the people out of court, and replaces it with laws that favor those at fault versus the victims. The hot coffee case, when you see what happened to the old woman and how McDonalds had hundreds of complaints and hundreds of burns because they kept the coffee at a temp that was capable of giving third degree burns in seconds. It makes me wonder exactly why so much advertising went in to bagging on this old woman. If a company knows there is a serious defect in their product capable of injuring people and puts it on the market anyway without informing the public, they ought to be sued.…

    • 370 Words
    • 2 Pages
    Satisfactory 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

Related Topics