Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Consumerism in America
American consumer culture
Liebeck vs mcdonalds case summary
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Consumerism in America
Citizens of the United States of America enjoy a lifestyle of freedom unlike that of any other country in the world. Companies and businesses are expected to comply with the standards of the average consumer; with that being said, American citizens are much more likely to file a law suit than consumers of a different nationality. In the year 1994 alone, thousands of law suits were filed (FindLaw). The most notable case, with exception to the Denny’s payout, was Stella Liebeck versus the popular fast food chain McDonald’s. Stella sustained third-degree burns when she accidentally spilled a McDonald’s cup of coffee onto her lap. She spent eight days in the hospital, receiving skin grafts for burns on her pelvic region. Stella was awarded $2.86 …show more content…
million for her injuries (Consumer Attorneys of California). Liebeck versus McDonald’s quickly became one of the most publicized cases in American history, and also one of the most controversial. There were those that sided with Liebeck, stating that the coffee was too hot if it was able to cause third-degree burns, and also those that sided with McDonald’s, stating that it was ridiculous a person could sue for coffee being too hot. I personally believe that the case was ludicrous, and should have never been entertained in a court of law. Coffee is a drink that is traditionally served hot. Studies show that prior to the Liebeck case, McDonald’s served their coffee between 180 and 190 degrees Fahrenheit. Personal coffee makers brew their coffee between 195 and 205 degrees Fahrenheit, which makes the finished product considerably hotter than what was served to Stella Liebeck (AbnormalUse). It is also interesting that McDonald’s sold billions of cups of coffee that year, so obviously the product was not too hot for the rest of the nation. Also, this was not the first cup of coffee Liebeck had ever ordered from the fast food restaurant. She had ordered the popular hot drink many times, each cup exhibiting a warning of hot liquid inside, so there is no feasible way she could claim ignorance. Any medical professional will gladly tell you that an elderly’s person skin is much thinner than the normal human being’s. Once a person surpasses the age of 50, the epidermis (outermost layer of the skin) begins to wear at an accelerated rate, exposing the dermis (WebMD). Stella Liebeck was 79 years old when she had her accident. Her extremely thin skin posed no chance at combating the high temperatures of the coffee. Many McDonald’s customers had spilled coffee on themselves before, but the younger “victims” did not have nearly the amount of damage Liebeck had. I might also add that Stella was wearing cotton sweatpants at the time of the incident. The absorbent material clung to her leg, and caused the liquid to burn her more severely than if she would have been wearing a different fabric (AbnormalUse). When companies sell a product to a customer, are they responsible for what that customer does with the product?
How was McDonald’s supposed to know that Stella would spill the coffee on herself? Coffee is meant to be served hot, just as blades are meant to be sharp. Stella suing for being burned by coffee is the same principal as a person suing a knife company after being cut by one of their products. The world is a dangerous place; many things around us have the capability to cause damage. Corporations should not be held responsible for any damage sustained after using their product improperly. McDonald’s could not have prevented Stella spilling the coffee on herself. . In the case of Liebeck versus McDonald’s, I definitely would have sided with McDonald’s. Despite the court’s decision, I disagree with the decision to reward Stella Liebeck financially. I stand by my decision for the reasons that coffee is meant to be served hot, Liebeck was extremely thin-skinned, and a company should not be held responsible for the misuse of their product even if it was unintentional. Our society is one that has almost become dependent on law suits, cases like Liebeck’s should not have been entertained in court. In my opinion, the judicial system failed
McDonald’s.
...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages to $480,000. The final out-of-court settlement was of approximately $500,000. For many, this case is frivolous (meaning that the plaintiff’s prospects of being successful were low or inexistent), but it really highlights the question of excessive punitive damages compared to the damage suffered and its causes.
In the case of Kolchek suing to recover for Litisha’s injuries, she can sure under the negligence liability. Every product should be fully tested in every way possible to see if the product functions correctly and will it injure individuals. There should not have been a whole that is not covered. Like stated in our book The Legal Environment of Business, “if a manufacture fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacture for negligence”. Kolchek could sue the manufacture. In this case which is Great Lakes spa. Porter was just a company that was selling the product. Great Lakes spa should have taken the initiative to examine their products throughly before putting it out on the make for individuals to buy. Like in our book The Legal Environment of Business stated, “A manufacture, seller, or lesser is liable for failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product.”
Nurse finders later assigned Drummond to work at a Kaiser facility as a medical assistant. The Plaintiff Sara Montegue was a medical assistant at Kaiser. Drummond and Montague had a disagreement, Montague didn’t think it was much of a big argument to report it. Both Drummond and Montague had a discussion about misplaced lab slips where Drummond raised her voice. A few weeks after the discussion, Montague left her water bottle at work. Montague later drank from her water bottle and her tongue and throat started to burn and she vomited. Drummond admitted that she had poured carbolic acid found in a Kaiser examination room into Montague’s water
Before the jury decides a verdict, the last step in the trial process is the closing arguments. There were no closing arguments because the parties had to settle on nine million dollars. They did this because the plaintiff’s attorneys went bankrupt due to this case and they couldn’t afford to invest any more money into the case. Beatrice Foods ended up being not liable for the deaths of children so they were allowed to leave the case. Due to this, only W.R. Grace had to settle with the plaintiff. Later on in 1988, Jan Schlichtmann brought this case to the EPA’s attention and the EPA decided to bring lawsuits against the companies. W.R. Grace and Beatrice Foods ended up having to pay for their huge mistake. They had to pay for the largest chemical cleanup in the Northeastern which cost sixty- four million dollars.
Most people will not recognize the name Stella Liebeck but say the words “hot coffee lawsuit” and recognition will be instant. The story is almost so well known that it has almost passed into the realm of urban legend or myth. And in the broad strokes it has become a bit of a myth. An old woman drives through a McDonald’s drive through, orders a cup of coffee and then promptly and recklessly spills the beverage all over her legs. Then in search of an easy payday she sues the restaurant for millions of dollars, ultimately walking away a millionaire with no more damage than a ruined pair of sweatpants. The story has been held up as a parable for what is wrong with America today. The well-worn story can be held up to serve as a totem pole for any number of issues. People don’t want to work for money anymore, just look at that hot coffee lady. People don’t want to take responsibility for their actions, just look at that hot coffee lady. People are idiots, look at that coffee lady. As it turns out, the “coffee lady” is a good story for examining the world we live in today, but not for the reasons that might be expected.
3-2. Are the critics overreacting to the situation? Do you think Keurig Green Mountain’s managers are handling this situation in the best way, ethically and responsibly? What else could they do to be more ethical and responsible?
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
For this research paper, we were tasked with an assignment to review the case involving Nike's patent suit against Wal-Mart. My objective is to identify if Nike has a good claim and determine what Wal-Mart's defense should be. In a complaint filed in U.S. District Court of Northern Illinois, Nike claims that Wal-Mart "knowingly and intentionally" sold shoes that violated two of their patents (Renfroe).
First, my personal reaction to this is documentary is an eye opener. I knew McDonalds was more harmful to than other fast food places, but I never knew about the lawsuit between McDonalds and it consumers. I never saw McDonalds as having big impact on my life; this is probably because the McDonald’s in my hometown never had a super-size option. In the video, Spurlock conducted interviews to gain ...
The conclusions reached in this paper are the result of extensive investigation conducted through the Internet, personal interview, literature review, and legal findings. The consensus drawn from this analysis is that Starbucks is a shining example of corporate social responsibility and Humana is not.
customer at a time. They are more concerned with the quality of the service tha
The analysis of the Kellogg’s case is presented in this chapter and will contribute to answer the research question. The case are evaluated and compared to the literature presented in the previous chapters and will support the conclusion of this paper.
The products of McDonalds are safely packaged when it is required for the product, in order the customer does not have any problems or and negative feedbacks to McDonalds. E.g. hot coffee cups have plastic lids on top so it does not spill or burn on the customer. Also, McDonalds ensure to offer nutritional guide of the product clearly state what the product contains.
Burger King uses a dispersed configuration for day to day operations as the majority of their restaurants are franchises with local suppliers. Yet Burger King Headquarters uses a concentrated configuration for marketing and development of products, as well as pricing. This centralization of marketing assists all franchises worldwide and provides the greatest value for the company, but the direction of available products and pricing has proven detrimental to the overall success of the firm. An article on CNNMoney.com describes the failure of the $1 double cheese burger to stimulate sales and how a number of franchisees filed lawsuits against the headquarters due to being forced to sell the double cheese burger at less than cost in order to boost revenues for the headquarters and shareholders and not the franchisees.