It's not whether you win or lose, but how you place the blame...

Re: It\'s not whether you win or lose, but how you place the blame...

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I would agree that if the actual coffee cup had materially failed (ie- coffee burned through it) and the resulting spill of coffee burned the lady, then McDs would be liable. If the lady simply mishandled the coffee cup and the coffee spilled of her own doing (and remember, the cup was labled as "contents hot"), then how is McDs liable?

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I'm not entirely sure this is accurate but I heard that the warning of contents being hot on the coffee cup wasn't there at the time the accident occurred. I think the warning came about as a result of this lawsuit.
 
Re: It\'s not whether you win or lose, but how you place the blame...

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I'm not entirely sure this is accurate but I heard that the warning of contents being hot on the coffee cup wasn't there at the time the accident occurred. I think the warning came about as a result of this lawsuit.

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Thats what I was going to say....

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Re: It\'s not whether you win or lose, but how you place the blame...

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I'm not entirely sure this is accurate but I heard that the warning of contents being hot on the coffee cup wasn't there at the time the accident occurred. I think the warning came about as a result of this lawsuit.

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Thats what I was going to say....

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If so, then I would stand corrected on that fact.
 
Re: It\'s not whether you win or lose, but how you place the blame...

They started labelling the coffee cups after the lawsuit. So at the time, there wasn't the warning.

Also, they found that the blame should be split between McDonald's and the woman who spilled the coffee. So, they didn't absolve her of blame in the incident, they just put some of it on McDonald's for making the coffee too hot. That seems reasonable to me.
 
Re: It\'s not whether you win or lose, but how you place the blame...

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... also alleges that the company did not properly maintain the escalator at Southwest Florida International Airport when he fell down it on Aug. 28, 1999.

[/ QUOTE ] It took him nearly five years to file this lawsuit? And he has no maintenance records or pictures of this improperly maintained escalator...
Did the McD's lady demonstrate/photograph her injuries and/or keep her medical bills? That may have been the difference-maker.

*remembering the Seinfeld episode where Kramer sneaks his latte into the movie theater stuffed in his pants and stumbles*
 
Re: It\'s not whether you win or lose, but how you place the blame...

Bah ... I bet anyone he sues could simply claim that this schlub shouldn't have been running around in public without his helmet in the first place.
 
Re: It\'s not whether you win or lose, but how you place the blame...

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*remembering the Seinfeld episode where Kramer sneaks his latte into the movie theater stuffed in his pants and stumbles*

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Who told you to put the balm on??? I didn't tell you to put the balm on!!!
 
Re: It\'s not whether you win or lose, but how you place the blame...

Well, it hasn't gone to trial yet, and with any luck, it won't. I hope the judge does the right thing and says get this crap out of my court.
 
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