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CalifChick -> RE: homemade toy group. (5/5/2008 2:07:02 PM)
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Because it was asked...
The award to the woman in the McD's case was reduced by 20% due to her own negligence (she opened the lid to add cream and sugar and spilled it between her legs). However, McD's could not justify the serving of any beverage so hot that it would cause third degree burns if spilled. Yes, THIRD degree, not just a few blisters and red skin. The woman, who was in her 80's, had to have skin grafts to repair the damage.
Further, the woman submitted her out of pocket expense (copays and share of cost) of $800 to McDonalds and McD's refused to pay. It was then that she sued.
The judge first ordered the case to mediation and in mediation McD's said it was her fault that she didn't strip immediately, and the damage was worse because of her age and that certainly wasn't their fault. Then during trial, McD's own experts and executives further hurt their own case, because they said the number of people injured were statistically insignificant and they had no plans to change anything. The jury felt they showed a callous disregard for the injuries to the woman (which they saw in graphic photos). McDonalds' defense was further damaged by the fact that they had over 700 prior complaints about the temperature being too high (around 200 degrees which can cause a 3rd degree burn in only two seconds) and had already paid out over $500,000 in those claims privately.
And lastly, prior to this burn incident, the very well-respected Shriners Burn Institute published numerous warnings to the Food & Beverage industry about people being burned by beverages being served at over 130 degrees.
Cali
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