Liebeck vs. Caveat Emptor A.Villasmil University of the People PHIL1404 AY2018-T4 Professor: Cecil Blount Liebeck vs. Caveat Emptor In 1992 there was a case between a patron, Stella Liebeck, and McDonald’s Corporation (Brusseau, 2012). The case involved a hot cup of coffee that Stella opened, by gripping the cup in between her legs, and resulted in the hot coffee spilling and severely burning her. Fast forward to the end of the case, and we see McDonald’s Corporation held liable for the damages and forced to pay Stella Liebeck. During that time, the media had many opinions on who was right or wrong in the case. Many echoed an opinion that the hot coffee should have been an obvious indicator that the contents could cause harm. After all, when one is young they learn the difference between hot and cold and the dangers that come with each. It seems the notion of caveat emptor would fit the situation well. …show more content…
In terms of this doctrine, Stella Liebeck would be held fully responsible for spilling hot coffee on herself, which resulted in severe burns. It would mean that she was aware she was purchasing hot coffee and by that purchase would be held to logical use of the coffee because of the hot contents. An argument of age could be brought into the picture, given that she was an older adult, and she may not have understood or remembered what could have happened if hot coffee spilled on her. However, that would be discriminatory against her and would be offensive to imply she was not able to make a logical decision due to
The plaintiff, Stella Liebeck, is represented as the “Individual Responsibility Narrative,” alluding to the fact that the spilling of the McDonald’s coffee was her doing, and therefore should be liable for the damages caused by the spill. Meanwhile McDonald’s, the defendant, narrative is named “Defective Products Liability.” In short, it takes a counteractive stance; though the initial cause was Ms.Liebeck’s fault, their faulty product and lack of warning makes them responsible for her injuries.
Both Louis XIV and Peter the Great were famous rulers of the late 17th- early 18th Centuries. Both took the throne at a young age and both had many strengths and weaknesses. Louis XIV had many strengths during his reign as ruler of France. Appointing Jean Baptiste Colbert as his minister of finance made some of his greatest strengths and accomplishments. One strength was that of mercantilism, which is an economic theory under which a country increases its wealth by exporting more goods than it imports. By accomplishing this, Louis XIV made himself and France very wealthy. More wealth was made when a balance of trade brought more gold and silver into France. A high tax was
“Assess own leadership behaviours and potential in the context of a particular leadership model and own organisation’s working practices and culture using feedback from others”
Aristotle starts off in his essay explaining the definitions of Good, Primacy of Statecraft and the study of Ethics. He defines good as where all things are to be aimed, for example health. He then defines Statecraft as citizens of a state, a country, and of the world need to do good for their own good but more importantly for the good of the state. He also characterizes various types of good. Finally, the definition on study of Ethics. This talks about the pure excellence of justice that involves the disagreements and agreements of uncertainty and certainty. Aristotle also talks about happiness and where a certain
Lane Frost got killed doing his favorite thing bull riding.Because he sacrificed his life for bull riding,Lane Frost should win the rode lifetime award.
While employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, According to Buskirk, 307 F.3d at 168 case that it would carry out an undue hardship that even with the accommodation Turner would still be unable to perform work on lines 8 and 9. This matter should be used by a jury based upon fully developed evidence
Jane Doe served the hot tea in a paper “hot cup”, which was placed in another slightly shorter and wider clear plastic cup. Jane Doe wedged the condiments (sugar and creamer) between the two cups. Jane Doe did not offer any assistance to the Plaintiff, and the other passengers were occupied with their own beverages, unable to assist the Plaintiff. The Plaintiff spilt extremely hot water in her groin and buttocks area as a result of this situation.
Leibeck, originally sued to cover her out of pocket cost. Mc Donald’s however only offered $800 when her medical bills exceeded $10,000 which Medicaid did not cover. In using the media to mock and distort this case the American Tort Reform Association was able to gain sympathy for changing the way in which civil suits where resolved.
The rule states, " A defendant may be excused from criminal responsibility if at the time of the commission of the act, the party accused was laboring under such a defect of reason, from a disease of mind, as not to know the nature and the quality of the act he was doing..." (3)
Renee McDonald (“Plaintiff”) allegedly sustained personal injuries on October 8, 2015 while shopping at a store owned and operated by Costco (“Defendant”) in Brooklyn Park, Maryland. According to the plaintiff, while walking through the store, she tripped on mop water which caused her to fall to the ground and suffer “severe bodily injuries.” The Plaintiff claims that her fall was caused by the mop water. The mopped area had been secured with a yellow caution sign that warned customers of the wet floor. At the time of the Plaintiff’s fall, however, the sign had fallen down and was lying on the floor. Plaintiff alleges that the store did not have proper signage to warn of the hazardous condition.
In our case, our client’s warnings about raw foods were displaced and were not visible to customers. In Jarrell, the court established a legal standard for adequate warning. According to the decision in Jarrell, there are two prongs for adequate warning. The first prong is intensity, which in this case means a visible sign. In her restaurant, our client had two warnings. One was placed on the menu and the other was the 3 x 5 cards on the tables, interview 2: 21, which could have been sufficient to heighten the warning and mitigate the harm. The second prong is that those warnings should cause the reasonable person to be aware of the possible danger. I would argue that our client met both prongs of the standard and the court would most
There is a growing awareness that addressing past injustices are crucial for the process of healing and reconciliation. In order to move towards a peaceful future, governments must acknowledge and respond to the wrongs and injustices of the past. While there is an agreement between people that the process of reconciliation must acknowledge the wrongs of the past and the victims, many scholars debate about how such acknowledgments are best communicated, so that they will be sufficiently credible and effective in improving future relations. In fact, many argue that memory is crucially important as a response to past injustices, especially when dealing with human rights violations. Memorializing the past, through memorials, commemorative ceremonies, etc., is widely promoted as a valuable way of redressing the wrongs of the past. But what kind of redress can memorials provide, and how can they advance in transitional justice? Indeed, I consider these symbolic reparations to be a double-edged sword due to their strengths and weaknesses, it presents only a fraction of the process that needs to be fulfilled for redressing the losses that were suffered by the victims.
The movie, “Hot Coffee”, is a documentary film that was created by Susan Saladoff in 2011 that analyzes the impact of the tort reform on the United States judicial system. The title and the basis of the film is derived from the Liebeck v. McDonald’s restaurants lawsuit where Liebeck had burned herself after spilling hot coffee purchased from McDonald’s into her lap. The film features four different suits that may involve the tort reform. This film included many comments from politicians and celebrities about the case. There were also several myths and misconceptions on how Liebeck had spilled the coffee and how severe the burns were to her. One of the myths was that many people thought she was driving when she spilled the coffee on herself and that she suffered only minor burns, while in truth she suffered severe burns and needed surgery. This case is portrayed in the film as being used and misused to describe in conjunction with tort reform efforts. The film explained how corporations have spent millions of dollars deforming tort cases in order to promote tort reform. So in the film “Hot Coffee” it uses the case, Liebeck v. McDonalds, as an example of large corporations trying to promote the tort reform, in which has many advantages and disadvantages to the United States judicial system.
Antibiotics have always been used to treat illnesses such as staph infections, tuberculosis, and others. But now, scientists are coming up with new ways to eliminate bacteria in a human. The company called ContraFeet in NY found a back-up in bacteriophages---this is a virus that infects bacteria and has enzymes called lysins. The ContraFeet company are willing to try the lysins to help eliminate and kill bacterial infections in humans.
The Macdonald coffee scolding case exemplifies the need for companies to pay attention to quality control policies within their respective companies, as well as pay attention to their customer’s opinion. While taking into consideration that accidents happens when you least expect, I am inclined to say that customer should bear some of the blame (very little of the blame).Macdonald on the other hand, based on the handing of their customers complaints regarding their injuries while consuming product or while in the process of consuming their products makes it difficult to not to hold the company liable for the damages suffered by the client. In addition, it seems MacDonald actions were unethical because they were sure the customer, like some