lawyer who won coffee mcdonalds

Full Answer

Was McDonald's unfairly punished for serving hot coffee?

Myth: McDonald's was unfairly punished for serving hot coffee because everyone knows that hot coffee can cause burns. Reality: People did not realize how seriously they could be burned. All McDonald's restaurants served coffee between 180 and 190 degrees. At this temperature, spilled coffee causes third degree burns in less than three seconds.

Was McDonald’s ‘grossly negligent’ for selling unreasonably dangerous coffee?

Unable to settle, Stella filed a personal injury lawsuit in the U.S. District Court for the District of New Mexico alleging that McDonald’s was “grossly negligent” for selling coffee that was “unreasonably dangerous.”

Who is at fault in the McDonald's coffee cup case?

Applying the principles of comparative negligence, the jury found that McDonald's was 80 percent responsible for the incident and Liebeck was 20 percent at fault. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient.

What was the verdict in the McDonald's v McDonalds case?

McDonald's had refused several prior opportunities to settle for less than what the jury ultimately awarded. The jury damages included $160,000 to cover medical expenses and compensatory damages and $2.7 million in punitive damages. The trial judge reduced the final verdict to $640,000,...

Who won the McDonald's hot coffee lawsuit?

LiebeckThe jury found that McDonald's was 80 percent responsible for the incident. 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.

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

How much money did liebeck get?

The jury awarded Liebeck $200,000 in compensatory damages -- reduced to $160,000 because the jury found her 20 percent at fault -- and $2.7 million in punitive damages for McDonald's callous conduct. (To put this in perspective, McDonald's revenue from coffee sales alone is in excess of $1.3 million a day.)

What happened to the lady that sued McDonald's for hot coffee?

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.

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 was the aftermath of the McDonald's hot coffee case?

The aftermath of the McDonald’s hot coffee case. The case of Stella Liebeck v. McDonald’s Restaurants— more commonly known as the McDonald’s hot coffee lawsuit—is often cited as a classic example of frivolous litigation in the United States. In much of the public’s eye, Stella Lieback was a greedy plaintiff who spilled warm coffee on her lap ...

When did Stella Liebeck buy McDonald's coffee?

On February 27, 1992 , Stella Liebeck, 79 years old, purchased a cup of McDonald’s coffee. 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.

Why didn't Stella try to settle the case before filing a lawsuit?

Why didn’t Stella try to settle the case before filing a lawsuit? 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. This couldn’t be further from the truth.

What is Stella's lawsuit?

Unable to settle, Stella filed a personal injury lawsuit in the U.S. District Court for the District of New Mexico alleging that McDonald’s was “grossly negligent” for selling coffee that was “unreasonably dangerous.”. Enjuris tip: A person or business acts with gross negligence if they act with a “reckless disregard for the safety of others.”.

How long does it take for coffee to burn?

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). Home coffee makers typically brew coffee at about 135-150 degrees.

What companies have sued for coffee burns?

Since the verdict was handed down in 1994, a number of lawsuits have been filed against coffee vendors, including Starbucks, Dunkin’ Donuts, and Burger King, as a result of coffee-related burns. In most cases, the coffee temperature was not as hot as the coffee in Stella’s case and the plaintiffs were not successful.

How hot does McDonald's coffee have to be?

Evidence presented at trial showed that McDonald’s required franchisees to keep coffee heated between 180-190 degrees and that the restaurant received more than 700 complaints from customers who were burned as a result of the coffee.

What is the McDonald's coffee case?

McDonald’s Coffee Case – Know the Facts. One of the most famous lawsuits in recent history is the case of Liebeck v. McDonald’s. You may remember this case as the woman who spilled McDonald’s coffee, sued, and got millions of dollars out of it. However, that is the story mass media wanted you to hear.

Why is McDonald's coffee not fit for consumption?

McDonald’s finally admitted that its coffee was not “fit for consumption” because of the severe risks. The jury awarded Liebeck $200,000 in compensatory damages and $2.7 million in punitive damages for McDonald’s callous conduct. A month after the trial, the judge reduced the jury’s punitive damages award to $640,000.

How old was Stella Liebeck when she went to McDonald's?

Actually, Mrs. Stella Liebeck, a 79-year-old woman, had gone to a McDonald’s with her grandson, who was driving. After purchasing a cup of coffee, as the car stopped, Liebeck tried to hold the cup securely between her knees while removing the lid.

How long does it take for coffee to burn at 180 degrees?

Reed Morgan, McDonald’s was serving their coffee at 180 to 190 degrees Fahrenheit! If spilled, coffee at this temperature will cause third-degree burns within two to seven seconds. That’s quicker than the amount of time it took you to read this sentence.

Why is it important to hold companies accountable for their negligence?

Holding major companies accountable for their negligence is extremely important for the safety of everyone.

Who was Stella Liebeck?

What had actually happened was far different than what news outlets and late night TV hosts were saying. Actually, Mrs. Stella Liebeck, a 79-year-old woman, had gone to a McDonald’s with her grandson, who was driving.

Did Liebeck sue McDonald's?

The sad part about all this is that poor Liebeck wasn’t even trying to sue for millions of dollars but instead wanted only to be compensated for her medical bills. She offered to settle for $20,000, however, McDonald’s refused to settle and offered a mere $800.

How much did the jury award to the plaintiff in the McDonald's spill?

They awarded her $200,000 in compensatory damages. 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 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 ...

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.

What happened to Liebeck's lap?

The coffee spilled on Liebeck’s lap, resulting in second- and third-degree burns over 16 percent of her body. She went into shock and was hospitalized for a week, undergoing numerous skin graft operations.

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.

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.

Who is the attorney for the woman who got rich after spilling coffee?

But even after that, the myth of “the woman who got rich after abusing the court system over spilled coffee” persisted. Liebeck’s attorney Kenneth Wagner said Liebeck was concerned about the number of other people who had been burned by McDonald’s coffee—and that the number included children.

How much did Liebeck get for McDonald's?

The jurors awarded Liebeck $200,000 in compensatory damages for her pain, suffering, and medical costs, but those damages were reduced to $160,000 because they found her 20 percent responsible. They awarded $2.7 million in punitive damages. That amounted to about two days of revenue for McDonald’s coffee sales. The trial judge reduced the punitive damages to $480,000, while noting that McDonald’s behavior had been “willful, wanton, and reckless.” The parties later settled for a confidential amount. According to news accounts, this amount was less than $500,000.

How long does it take for coffee to burn?

At this temperature, spilled coffee causes third degree burns in less than three seconds. Other restaurants served coffee at 160 degrees, which takes twenty seconds to cause third degree burns. That is usually enough time to wipe away the coffee.

What happened to Liebeck's coffee cup?

While parked, Liebeck put the coffee cup between her knees and removed the lid to add cream and sugar, and she spilled it. She was wearing sweatpants, which held the scalding liquid against her skin.

How did Stella Liebeck get burned?

Stella Liebeck, the 79-year-old woman who was severely burned by McDonald’s coffee that she spilled in her lap in 1992, was unfairly held up as an example of frivolous litigation in the public eye. But the facts of the case tell a very different story. The coffee that burned Stella Liebeck was dangerously hot—hot enough to cause third-degree burns, even through clothes, in three seconds. Liebeck endured third-degree burns over 16 percent of her body, including her inner thighs and genitals—the skin was burned away to the layers of muscle and fatty tissue. She had to be hospitalized for eight days, and she required skin grafts and other treatment. Her recovery lasted two years.

How long does it take to clean coffee after a third degree burn?

Coffee that other restaurants serve at 160 degrees can also cause third-degree burns, but it takes 20 seconds, which usually gives the person enough time to wipe away the coffee before that happens. “Our position was that the product was unreasonably dangerous, and the temperature should have been lower,” Wagner said.

What temperature does a coffee maker have to be to make coffee?

Most home coffee makers produce coffee that is between 135 and 150 degrees, he added.

How old was the woman who was scalded at McDonald's?

A 79-year-old woman was scalded while trying to open a cup of hot coffee purchased at McDonald’s. She suffered burns over 6 percent of her body, and required skin grafts.

How much did Liebeck get?

Eventually, a jury awarded Ms. Liebeck $200,000 compensatory damages and more than $2 million in punitive damages. The trial court reduced the $2 million to less than $500,000. Ultimately, the case was resolved through a private settlement.

Who won the 2012 McDonald's case?

McDonald's won in the lower courts, but appellate courts sided with Bukele and eventually in 2012 McDonald's was ordered to pay a $23.9 million judgment to Bukele.

What is the name of the restaurant that McDonald's sued?

In 2001, McDonald's sued a small restaurant named McCurry, a popular eatery serving Indian food in Jalan Ipoh, Kuala Lumpur, Malaysia. McDonald's claimed that the use of the "Mc" prefix infringed its trademark, while the defendant claimed that McCurry stood for Malaysian Chicken Curry .

Why is McDonald's not registering the name McBrat?

McDonald's claimed the McBrat name should not be registered because it was too similar to its McKids trade mark, since the word 'brat' is another term for 'kid'. McBratney argued that his family name had been used in Ireland since the 1600s, and that he had a right to use an abbreviation of that name.

How much did Bakshi bring to McDonald's?

Bakshi said he brought over ₹490 crore (US$83.62 million) worth of revenue for the American food chain. McDonald's sought to buy the 50% share in CPRL held by Bakshi and his wife for ₹120 crore (US$20.48 million), whereas Bakshi sought ₹1,800 crore (US$307.18 million) for the same.

Why was McDonald's Land created?

When they declined, McDonaldland was created, purposely based on the H.R. Pufnstuf show in an attempt to duplicate the appeal.

What was the outcome of the McDonald's case?

Though a High Court judge eventually ruled in favour of McDonald's on some counts, John Vidal called it a Pyrrhic victory. The extended legal battle was a PR disaster, with every aspect of the company's working practices being scrutinised and the media presenting the case as a David and Goliath battle. Additionally, the damages received were negligible compared to the company's estimated £10 million legal costs because the court ruled in favour of a number of the defendants' claims, including that McDonald's exploited children in its advertising, was anti-trade union and indirectly exploited and caused suffering to animals. McDonald's was awarded £60,000 damages, which was later reduced to £40,000 by the Court of Appeal. Steel and Morris announced they had no intention of ever paying, and the company later confirmed it would not be pursuing the money. Steel and Morris went on to challenge UK libel laws in the European Court of Human Rights, claiming that the lack of access to legal aid and the heavy burden of proof that lay with them, as the defendants' requirement to prove their claims under UK law was a breach of the right to a fair trial and freedom of expression. The court ruled in their favour and the UK Government was forced to introduce legislation to change defamation laws.

What was wrong with McDonald's in 1990?

In 1990, McDonald's took environmental campaigners Helen Steel and Dave Morris to court after they distributed leaflets entitled "What's Wrong with McDonald's?" on the streets of London. The high-profile trial, which came to be known as the McLibel Case, lasted nearly ten years, the longest in English legal history.

Who is the defendant in the McDonald's lawsuit?

James Byrd, Jr. and Darrell Byrd Versus McDonald’s. One of the most recent major class-action lawsuits against the fast-food giant was filed by The Ferraro Law Firm on Monday, August 31, 2020. The lawsuit, which was filed on behalf of 77 former black McDonald’s franchisees, alleges racial discrimination. According to the complaints of the ...

Why did McDonald's drop the lawsuit?

In 2019, McDonald’s reportedly argued that it should be dropped from the lawsuit because “it is removed from the day-to-day operations of a franchisee.”. However, Walker’s attorney argues that because McDonald’s exerts such control over its franchisees and their employees, they should be liable for the incident.

How much did Liebeck get for McDonald's?

Unfortunately, this amount was eventually reduced to $480,000

What happened to Stella Liebeck?

Perhaps one of the most famous personal injury lawsuits, Liebeck versus McDonald’s involves Stella Liebeck, a 79-year-old woman who spilled 190°F McDonald’s coffee into her lap. According to the American Museum of Tort Law, Liebeck suffered third-degree burns on over 16 percent of her body including her inner thighs and genitals.

What is the hot coffee case?

Many news outlets painted the so-called “hot coffee case” as an example of frivolous lawsuits in an overly litigious society. This coverage reduced Liebeck’s horrific pain and suffering to little more than a punchline about a woman making millions after spilling luke-warm coffee on herself.

What did the McDonald's suit say about black franchisees?

Ultimately, the suit argues, black franchisees were offered false opportunities by McDonald’s.

How many people are in the McDonald's lawsuit?

The suit started with just a few plaintiffs but eventually grew into a class-action lawsuit representing over 38,000 residents who work (or previously worked) at McDonald’s locations in California.

The Facts of The Case

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 to check the temperature of the ...

See more on rd.com

What Came Out in Court

How The Public reacted to The Verdict

The Final Outcome