lawyer who sued mcdonalds over hot coffee

Is McDonald's losing lawsuits over hot coffee Burns?

And it seems that the chain still hasn't taken proper steps to solve the issue: despite the fact that McDonald's has already lost several lawsuits over hot coffee burns, there are now two recent new cases filed. For more, check out McDonald's, Subway, and More Are Expected to Be Investigated By the FTC.

What was the settlement in the McDonald's hot coffee case?

However, the parties entered into a settlement for less than $640,000 (the exact amount is unknown) in exchange for McDonald's dropping its planned appeal. The McDonald's Hot Coffee Case Didn't Change Much McDonald's still hasn't learned its lesson. Other people have reported similar injuries after spilling McDonald's coffee.

Why did Liebeck Sue McDonalds?

When McDonald's refused to raise its offer, Liebeck retained Texas attorney Reed Morgan. Morgan filed suit in New Mexico District Court accusing McDonald's of "gross negligence" for selling coffee that was "unreasonably dangerous" and "defectively manufactured". McDonald's refused Morgan's offer to settle for $90,000.

What are the damages in a McDonald's lawsuit against McDonald's?

Her lawsuit asked for $100,000 in compensatory damages (including for her pain and suffering) and triple punitive damages. These punitive damages were sought in order to send a message to McDonald's that their coffee was dangerously hot.

What happened to the person who sued McDonald's for hot coffee?

They awarded Liebeck $200,000 in compensatory damages to cover medical expenses, and $2.7 million (equivalent to $5,000,000 in 2021) in punitive damages, the equivalent of two days of McDonald's coffee sales.

How much did the lady who sued McDonald's for hot coffee get?

In 1992, 79-year-old Stella Liebeck bought a cup of takeout coffee at a McDonald's drive-thru in Albuquerque and spilled it on her lap. She sued McDonald's and a jury awarded her nearly $3 million in punitive damages for the burns she suffered. Typical reaction: Isn't coffee supposed to be hot?

What really happened in the McDonald's hot coffee case?

What she took issue with was that the coffee was so ridiculously hot — at up to 190 degrees Fahrenheit, near boiling point — that it caused third-degree burns on her legs and genitals, nearly killing her and requiring extensive surgery to treat. McDonald's apparently knew that this was unsafe.

Who won the hot coffee lawsuit?

But because she caused the spill, they reduced the amount to $160,000. The jurors then awarded her $2.7 million in punitive damages, which, they reasoned, was equivalent to about two days' worth of McDonald's coffee sales. The total was $2,735,000 more than Liebeck's lawsuit had requested.

Why did Ms Liebeck's lawyers believe that McDonald's was liable to Ms Liebeck?

In essence, the jury said that Mrs. Liebeck did carry some blame for her injuries because she held the coffee improperly. At the end of the day, if McDonald's served its coffee at a reasonable temperature, it would have been unlikely that Mrs. Liebeck's injuries would've been so severe.

Who Sued McDonald's for making them fat?

In a lawsuit that's been kicking around the courts since 2002, lawyer Samuel Hirsch is suing McDonald's for making his teenage clients (now in their 20's) obese.

Can you sue for coffee burns?

Hot coffee burn lawsuits demand compensation payouts for physical pain and suffering and psychological injuries. In cases with severe burns, there will be significant medical expenses that are claimed in the case.

What was the McDonald's lawsuit about?

The 35-page class-action complaint alleges that both Wendy's and McDonald's are duping customers by overstating the size of their food items and the amount of toppings they include in “false and misleading advertising.”

Who is suing McDonald's?

A lawsuit filed in the U.S. District Court for the Southern District of Illinois on March 28 alleges that McDonald's has exposed consumers to high levels of PFAS that have a “host of health effects,” NRN reported.

What was the argument made by Mcdonalds lawyer Tracy Jenks?

However, McDonald's presentably weak argument from attorney Tracey Jenks stated that any food no matter what, if served over 54 °C, would cause a severe burn and that “restaurants had more pressing dangers to worry about and that the number of coffee spills is only 1 in 24 million cups of coffee making the settlements ...

Why did McDonald's keep their coffee so hot?

During the trial, it was revealed that McDonald's kept its coffee temperature between 180 and 190 degrees Fahrenheit, even though any drink served at temperatures over 140 degrees Fahrenheit could cause serious burns. The company claimed to do that because it “made the coffee taste better.”

What was the name of the lawsuit that McDonald's won?

Judge (s) sitting. Robert H. Scott. Liebeck v. McDonald's Restaurants, also known as the McDonald's coffee case and the hot coffee lawsuit, was a 1994 product liability lawsuit that became a flashpoint in the debate in the United States over tort reform. Although a New Mexico civil jury awarded $2.86 million to plaintiff Stella Liebeck, ...

What did ABC News call McDonald's case?

ABC News called the case "the poster child of excessive lawsuits". Jonathan Turley called the case "a meaningful and worthy lawsuit". McDonald's asserts that the outcome of the case was a fluke, and attributed the loss to poor communications and strategy by an unfamiliar insurer representing a franchise.

What is the name of the 1994 McDonald's case?

McDonald's Restaurants, P.T.S., Inc. and McDonald's International, Inc. Liebeck v. McDonald's Restaurants , also known as the McDonald's coffee case and the hot coffee lawsuit, was a 1994 product liability lawsuit that became a flashpoint in the debate in the United States over tort reform.

How much money did Stella Liebeck get?

Although 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, Liebeck was ultimately only awarded $640,000.

What was the movie Hot Coffee about?

On June 27, 2011, HBO premiered a documentary about tort reform problems titled Hot Coffee. A large portion of the film covered Liebeck's lawsuit. This included news clips, comments from celebrities and politicians about the case, as well as myths and misconceptions, including how many people thought she was driving when the incident occurred and thought that she suffered only minor superficial burns. The film also discussed in great depth how Liebeck v. McDonald's Restaurants is often used and misused to describe a frivolous lawsuit and referenced in conjunction with tort reform efforts. It contends that corporations have spent millions promoting misconceptions of tort cases in order to promote tort reform. In reality, the majority of damages in the case were punitive due to McDonald's' reckless disregard for the number of burn victims prior to Liebeck.

How much did Liebeck settle for McDonald's?

Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her daughter's loss of income was approximately $5,000 for a total of approximately $18,000.

What did Morgan v. McDonald's charge for?

Morgan filed suit in the U.S. District Court for the District of New Mexico accusing McDonald's of " gross negligence " for selling coffee that was "unreasonably dangerous" and "defectively manufactured". McDonald's refused Morgan's offer to settle for $90,000.

How many cases of McDonald's customers were burned by coffee?

McDonald’s own documents showed that they were aware of over 700 cases where customers were badly burned by the coffee between 1982 to 1992. But it was cheaper to do nothing. At first, Ms. Liebeck and her family just wanted McDonald’s to cover her medical expenses in relation to this incident.

How much did McDonald's pay in punitive damages?

But because McDonald’s conduct was so reprehensible, they awarded $2.7 million dollars in punitive damages, which was eventually reduced by the judge to $480,000.00. To give you an idea, that’s less than McDonald’s makes from the sales of its coffee in a single day.

Why did the granddaughter stop drinking coffee?

After getting their food and a cup of coffee, her grandson stopped briefly so that she could add cream and sugar. She placed the coffee between her legs and in the process of taking the lid off, some coffee spilled onto her lap.

Did McDonald's refuse to settle the lawsuit?

McDonald’s refused. After filing the lawsuit and prior to trial, the demand to resolve the case was $20,000.00. Not a small amount of money to be sure, but not the millions of dollars you heard about. At trial, McDonald’s own witnesses admitted that the temperature they served coffee at was “NOT SAFE FOR HUMAN CONSUMPTION”.

What happened to the woman who spilled coffee at McDonald's?

Other people have reported similar injuries after spilling McDonald's coffee. In September 1997, a seventy-three year old woman suffered first and second degree burns when a cup of McDonald's coffee spilled on her lap. At the time, McDonald's still kept its coffee at 180 degrees Fahrenheit.

Why did Chris drive into McDonald's?

On the way home, Chris pulled into a McDonald's drive-thru for breakfast. He parked the car so she could add cream and sugar to her coffee. Because the car had no cup holders and a slanted dashboard, Stella Liebeck put the cup between her knees and removed the lid.

What happened to Stella Liebeck?

Stella Liebeck was badly injured. All she remembered was the pain.

What temperature does McDonald's coffee come in?

Company Policy on Coffee Temperature. McDonald's coffee was served at a temperature between 180 and 190 degrees Fahrenheit. McDonald's had long known that this was 20 to 30 degrees hotter than the coffee served at most other restaurants; in fact, this temperature range was indicated in its operations manual.

Did McDonald's raise compensation offer?

McDonald's refused to raise its compensation offer above $800. Stella Liebeck filed suit. Her lawsuit asked for $100,000 in compensatory damages (including for her pain and suffering) and triple punitive damages. These punitive damages were sought in order to send a message to McDonald's that their coffee was dangerously hot.

Did McDonald's know that coffee was hot?

McDonald's Knew the Coffee was Dangerously Hot. A McDonald's Quality Control manager testified that McDonald's knew of the risk of dangerously hot coffee. The company had no plans to either turn down the heat or warn their customers of the scalding danger. In fact, another McDonald's witness testified that they had received 700 complaints ...

Can you get injured from drinking hot coffee?

Even a hot cup of coffee can give rise to an injury claim if it is unreasonably and dangerously hot, as the McDonald's hot coffee case confirms. Take charge of your life and speak with an experienced, local product liability attorney.

What happens if you ask someone to think of a frivolous lawsuit?

If you were to ask that same person to think of a frivolous lawsuit, he or she will almost certainly bring up the idea of suing over a cup of coffee and being awarded millions of dollars.

Did Wendy Liebeck get paid by McDonald's?

Despite her injuries, Ms. Liebeck was not set on getting her day in court. She only wanted McDonald’s to pay her medical bills, which totaled about $20,000. McDonald’s counteroffered a settlement of $800. Thus, a lawsuit was filed in 1994.

Why did Liebeck sue McDonald's?

Why Liebeck decided to sue. When Liebeck’s medical bills topped $10,000, she contacted McDonald’s and asked to be reimbursed. “We couldn’t believe that this much damage could happen over spilled coffee,” Liebeck’s daughter, Judy Allen, said in Scalded by the Media, a 2013 documentary about the case. “We wrote a letter to McDonald’s asking them ...

How many complaints did McDonald's get?

McDonald’s had received more than 700 complaints about burns from hot beverages over the previous ten-year period. The defense countered that the number of complaints was statistically insignificant, given the billions of cups of McDonald’s coffee sold annually. Their point seemed to turn off jurors.

What happened to the elderly woman who spilled coffee on her lap?

An elderly woman is burned when she spills a cup of hot coffee on her lap. She sues her way to a $2.7 million jury-awarded jackpot. The next burn comes from the media, and her life is changed forever.

How much did the jury award to the woman who spilled coffee?

But because she caused the spill, they reduced the amount to $160,000. The jurors then awarded her $2.7 million in punitive damages, which, they reasoned, was equivalent to about two days’ worth of McDonald’s coffee sales. The total was $2,735,000 more than Liebeck’s lawsuit had requested.

How hot does McDonald's coffee get?

Here’s how to remove coffee stains. At the time, McDonald’s required its franchises to brew its coffee at 195 to 205 degrees and sell it at 180 to 190 degrees, far warmer than the coffee made by most home coffee-brewing machines.

Who was Stella Liebeck?

On February 27, 1992, Stella Liebeck, a 79-year-old widow, was in the passenger seat of her grandson’s Ford Probe ordering a Value Meal at the drive-through window of an Albuquerque, New Mexico, McDonald’s. Since there were no cup holders in the Probe and the interior surfaces were sloped, her grandson, Christopher Tiano, ...

How much money did Liebeck get from McDonald's?

McDonald’s offered her a whopping $800. The case went to trial. The jury awarded Ms. Liebeck $2.8 million dollars, which is the equivalent of two days of coffee sales for McDonald’s. However, Ms. Liebeck would never actually get that money. The court reduced her award to the six figures.

What is the best example of a product defect case?

The McDonald’s coffee lawsuit — Liebeck v. McDonald’s Restaurants — is probably the best example of a product defect case. It garnered worldwide news coverage, and was wickedly popular. But I would argue that while people may think they know this case, much of what they know is wrong.

Is McDonald's a product liability lawsuit?

This is why the McDonald’s coffee lawsuit is known as a product liability case.

Was McDonald's coffee lawsuit vilified?

The plaintiff in McDonald’s coffee lawsuit was vilified unnecessarily. The spin that was put on this case by the marketing folks at McDonald’s is awe inspiring. The money that McDonald’s spent to try to convince us that they did nothing wrong — that, instead, someone was trying to take advantage of McDonald’s — is staggering.

The facts of the 1992 hot coffee case

On that fateful February 27, 1992, Stella Liebeck was seated in the passenger seat of a parked vehicle when she popped the lid off her McDonald's coffee, intending to add cream and sugar, according to Poole Law Group.

The difference between hot and too hot

As noted, the coffee served to Stella Liebeck was somewhere between 180 and 190 degrees Fahrenheit.

The company knew the coffee was too hot

Mistakes can be forgiven when it's clear they were made without the knowledge that could have stopped them. But that was far from the truth in Stella Liebeck's case. In fact, according to CAOC, McDonald's was using an operator's manual that dictated the coffee be kept at a temperature between 180 and 190 degrees Fahrenheit.

Two new cases in Texas

McDonald's is currently facing new lawsuits that are quite comparable to that seminal case. The company and one of its San Antonio, Texas franchisees are facing two hot coffee spill lawsuits in Bexar County, according to KSAT.

There's a reason why McDonald's keeps its coffee scalding hot

One of the recent McDonald's lawsuits says the chain was negligent in handling hot coffee.

Overview

Liebeck v. McDonald's Restaurants, also known as the McDonald's coffee case and the hot coffee lawsuit, was a highly publicized 1994 product liability lawsuit in the United States against the McDonald's restaurant chain.
The plaintiff, Stella Liebeck, a 79-year-old woman, suffered third-degree burns in her pelvic region when she accidentally spilled coffee in her lap after purchasing it from a McDonald's restaurant. …

Plaintiff

Background

Trial and verdict

Aftermath

See also

Further reading

External links