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Old April 16th 04, 05:49 PM
Bill Sohl
 
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"Phil Kane" wrote in message
et...
On Tue, 13 Apr 2004 16:38:42 -0400, Mike Coslo wrote:
In a world where people can successfully sue because they did not know
coffee was hot,


Here we go again.....


Right you are, see below:

MacDonalds was sued successfully because they were on notice that
the coffee was excessively hot for its intended purpose and manner
of use


That is based on opinion ONLY. True it apparently found
support in a jury of 12, but that doesn't make it right. Many
people want "steaming hot" food...including coffee. The fact
that the old lady was so stupid as to put the cup in her croch
tells me a lot about how dumb she was.

Let's change the brew from coffee to tea. Anyone with an
ounce of brains or experience knows tea is made with boiling
water poured into a cup with a teabag. NOTE - boiling water
is the norm. Had Miss Idiot had tea in the cup instead of
coffee would she not have sued? I suspect we know the
answer to that since personal responsibility seems to be
abondoned today.

...but did nothing to prevent such injuries, and they were found
negligent in not reducing the temperature to where it would not
cause second-degree burns on exposed skin, let alone in customers'
mouths, the intended use.


So I ask...is it OK for a cup of tea to be served to a customer
at 212 degrees...boiling water? If you were at a friend's home and that
friend made you a cup of tea which you then spilled on yourself,
would you sue your friend because the water was poured
from a pot that had just been boiling?

A beautiful textbook case of negligence.


In your opinion anyway. More a case of screw the corporation
and make a few bucks when the case should have been dismissed.
If the logic is that it was too hot, then what should the temperature
threshold be for any food (i.e. tea, coffee, french fries, etc.)?
Correct me if I'm wrong, but I notice there's no temperature
threshold so designated by any governmental entity I know of.

Sorry Phil, the public opinion is not a slam dunk in support of
your legal viewpoint on this.

Cheers,
Bill K2UNK




 
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