9/2/2023 0 Comments Stella liebeck burnsThe trial began on August 8th before New Mexico District Court Judge Robert H. District Court for the District of New Mexico alleging that McDonald’s was “grossly negligent” for selling coffee that was “unreasonably dangerous.”Įnjuris tip: A person or business acts with gross negligence if they act with a “reckless disregard for the safety of others.” To put it another way, a person or business who acts with gross negligence creates such a significant risk of serious bodily injury or death that their actions must be considered something more than careless.Įven after filing the lawsuit, Stella’s attorney attempted to settle the case for $90,000, but McDonald’s refused once again. Unable to settle, Stella filed a personal injury lawsuit in the U.S. McDonald’s also refused Stella’s request to lower the temperature of their coffee in order to prevent future injuries to other customers. Stella spent 6 months trying to settle with McDonald’s for $20,000 and then $15,000 to help cover her medical expenses, but McDonald’s refused. One of the common misconceptions about the McDonald’s hot coffee lawsuit is that Stella was eager to sue McDonald’s for millions of dollars. Why didn’t Stella try to settle the case before filing a lawsuit? At least 700 other people informed McDonald’s that they had been burned by McDonald’s coffee before Stella, yet the company refused to change its policy of keeping coffee 30 degrees hotter than other restaurants and coffee shops. Stella suffered third-degree burns (the most serious and painful kind) on more than 16% of her body, including her inner thighs, genitals, and buttocks where the skin was burned down to the layers of muscle and fatty tissue.Įnjuris tip: If you’re still not convinced that Stella suffered serious burns, you can search the internet for photographs of her injuries or watch the HBO documentary Hot Coffee directed by trial lawyer Susan Saladoff. Home coffee makers typically brew coffee at about 135-150 degrees. Most other restaurants serve coffee at 160 degrees, which takes 20 seconds to cause third-degree burns (usually enough time to wipe away the coffee). “Our position was that the product was unreasonably dangerous, and the temperature should have been lower,” Stella’s attorney Kenneth Wagner said. At this temperature, spilled coffee causes third-degree burns in less than 3 seconds. The cup tipped over and the scalding hot coffee poured onto her lap.Īt the time of the incident, all McDonald’s restaurants were required to serve coffee between 180 and 190 degrees. While sitting in the passenger seat of her grandson’s parked car, she attempted to remove the lid in order to add cream while holding the coffee cup between her knees. On February 27, 1992, Stella Liebeck, 79 years old, purchased a cup of McDonald’s coffee. The background of the McDonald’s hot coffee lawsuit Let’s take a look at the facts of this widely misreported and misunderstood personal injury lawsuit. The real case, however, isn’t nearly that simple. The aftermath of the McDonald’s hot coffee case As country singer Toby Keith put it in his song “American Drive”: Spill a cup of coffee, make a million dollars.
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