The Stella Liebeck V. Mcdonald's

Pam took an indefinite leave of absence from her job, sublet her apartment in State A, and

The major issues in this case include how hot the coffee should be, when to draw the line on making a case outrageous and how corporations are supposed to please customers without worrying about being sued. I believe that the lawsuit was frivolous because of the amount of money that was being asked for. It is common sense that when you order coffee or any other hot beverage that contents will be hot. I feel that it was the fault of Liebeck and although this is the case, McDonald’s should have paid the medical bills and settled out of court before it was blown out of proportion.

Liebeck v. McDonald’s, also known as the McDonald’s Coffee Case, is a 1994 product liability lawsuit. This lawsuit became one of the most famous in the US history because after the court’s awarded Stella Liebeck $2.9 million, after she was severely burned by the coffee she brought from McDonald, there were debates over tort reform in the US.

The case here at hand was argued October 5th of 1964. The issue was one that dealt with Ollie’s Barbecue and its owner Ollie McClung in Alabama and the refusal of black patrons coming inside to dine-in. Ollie’s only allowed take out to black customers, even though the majority of employees were black. With the Civil Rights Act of 1964 that was handed down in July, Congress along with Deputy Attorney General Nicholas Katzenbach were arguing that a clear violation of Title II of the Act was being committed by McClung. This case was close in distinction and timing of the Heart of Atlanta Motel case brought before the Supreme Court, as they were argued at the same time. “Section 201 (a) of Title II commands that all persons shall be entitled to

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

Recently the Supreme Court made specific rulings on the second amendment following the cases district of Colombia V. Heller and McDonald V. Chicago. It is easy for me to agree with both finding of the court. The second amendment in the bill of rights reads “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed” the rulings found in both cases make the second amendment which was board to being with, very clear therefore it helps protect citizens rights when they’re right to bear arms is question.

We've all heard the story about the woman who spilled scalding hot coffee on herself and then successfully sued McDonald's. But we've also heard reports of burglars suing homeowners after injuring themselves during a robbery. Most of us laugh off these stories as urban legends made to show the ridiculousness of frivolous lawsuits, but you might be surprised, however by how many of these are true.

McDonald's Restaurants, the infamous McDonald's coffee case. A 1994 product liability lawsuit, a New Mexico civil jury awarded $2.86 million to plaintiff Stella Liebeck, a 79-year-old woman who suffered third-degree burns in her pelvic region when she accidentally spilled hot coffee in her lap after purchasing it from a McDonald's restaurant. In reality this really should have taken McDonald’s out of business, However she was compensated 2.86 Million dollars. McDonalds is one of the world’s biggest franchises, by becoming one of the world’s leading foodservice retailers in more than 100 countries. McDonalds has more than 36,000 resturaunts serving approximately 69 million people EVERYDAY per http://www.mcdonalds.com/ In my own opinion I feel like in the case the woman who sustained injuries was well taken care of. However, in Tort Reform it has changed so much over the years in the case 2.86 Million dollars may seem like a great amount of money, when you think about recovery fees, doctor fees, lawyer fees, court fees did she really have 2.86 million dollars? I strongly feel that this law has too many loopholes and it doesn’t need to be in place. During my research I didn’t see anything reason for it to still be into place. I did not find the tort

Negligent companies who don’t care about the well being of individuals but themselves are harming the community in the most brutal way. Argo Motors and PG&E were the perfect examples of Tort Law and negligence because they cared more about making more profit off their companies and not the well being of people; leading to extreme measures such as hiding evidence and scheming on how to get away with it. In this analysis, I will talk about the Class Action and Erin Brockovich cases, two cases that took a toll when people were severely injured causing death by failing to act with reasonable care.

This paper will consider the facts associated with the case of Stella Liebeck versus McDonald’s, resulting from Ms. Liebeck’s efforts to collect for damages sustained when she spilled extremely hot coffee into her lap in 1992. The issues, applicable laws and the conclusion the jury reached will also be covered as well as the subsequent impacts on American tort law following this decision.

This in turn decreases her award by that amount, provided that she was at fault by that percent. The truth is that Mrs. Liebeck was only warned of "hot' coffee, which did not help McDonald's defense, and proved them to fail their duty of care to their customers. With their failure to provide that label, after their knowledge of 700 other injuries because of the temperatures made liable and responsible for their lack of action.

Have you ever seen a commercial for mesothelioma victims, saying that billions of dollars have been set aside for those injured by asbestos? That you only need to call the number on your screen to receive your compensation? Or how about the ones for transvaginal mesh implants, Xarelto, or men developing gynecomastia after taking ARVs? These are all tort lawsuits that have been/are being tried in court to punish companies for making faulty products. This seems fair, doesn’t it? It is, don’t get me wrong, but like every good thing it can be taken too far. Let me give you an example.

-Most of the coffee is consumed at around 13-140 degrees Fahrenheit, but McDonald service coffee between 180 and 190 degrees.

Each day, businesses are sued. And the courts are rewarding hefty settlements beyond payments for bodily injury.

The Plaintiff’s (Pelman) now armed with suggestions by the court refiled the suit against McDonald’s 30 days later. Per the suggestions of the court, the claims were reduced to two main areas. First, that McDonalds food products sold to the public were “so processed with additives and other ingredients and preservatives” that they created a “danger and hazard”. They further stated the point and argument of the lawsuit was that McDonald’s was negligent in failing to warn consumers of this “Hazard”. The second claim in the lawsuit claimed that McDonald’s marketing behavior amounted to fraudulent and deceptive business practices under New York State’s consumer protection laws.