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.
Stella Liebeck
The 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 2020) in punitive damages, the equivalent of two days of McDonald's coffee sales.
https://en.wikipedia.org âş Liebeck_v._McDonald's_Restaurants
How much did McDonaldâs offer for the hot coffee lawsuit?
Oct 29, 2021 ¡ In a lawsuit thatâs been kicking around the courts since 2002, lawyer Samuel Hirsch is suing McDonaldâs for making his teenage clients (now in their 20âs) obese. Why did McDonaldâs serve coffee so hot? McDonaldâs makes their coffee so hot to keep it hot and fresh for people travelling long distances.
Why did Stella Liebeck Sue McDonalds?
The background of the McDonaldâs hot coffee lawsuit; Stella Liebeck v. McDonaldâs Restaurants lawsuit; The aftermath of the McDonaldâs hot coffee case; The case of Stella Liebeck v. McDonaldâs Restaurantsâmore commonly known as the McDonaldâs hot coffee lawsuitâis often cited as a classic example of frivolous litigation in the United States. In much of the publicâs âŚ
What is the Liebeck v McDonald's case?
Dec 03, 2018 ¡ 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.
What was the settlement for the McDonald's case?
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 âŚ
What happened to the person who sued McDonald's for hot coffee?
The 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 2020) in punitive damages, the equivalent of two days of McDonald's coffee sales.
Who won the hot coffee lawsuit?
Additionally, the attorneys offered evidence that McDonald's had received more than 700 reports of burns resulting from coffee spills out of billions of hot coffees sold during the time period. The jury ruled in favor of Liebeck and awarded her compensatory damages of $200,000 and punitive damages of $2.7 million.Aug 10, 2021
How hot was McDonald's coffee lawsuit?
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.Dec 3, 2018
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.Sep 10, 2020
Who won the McDonald's coffee case?
But the jury's punitive damages award made headlines â upset by McDonald's unwillingness to correct a policy despite hundreds of people suffering injuries, they awarded Liebeck the equivalent of two days' worth of revenue from coffee sales for the restaurant chain.
How much money did the lady who sued McDonald's get?
McDonald's only offered $800, leading her to file a lawsuit in 1994. After hearing the evidence, the jury concluded that McDonald's handling of its coffee was so irresponsible that Liebeck should get much more than $20,000, suggesting she get nearly $2.9 million to send the company a message.Dec 16, 2016
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.)
Why is McDonalds being sued?
McDonald's is being sued for $900 million by a company that created a product to fix the fast food chain's infamously broken ice cream machines. The start-up business, called Kytch, created a device to help troubleshoot the ice cream machines and sold it to 500 of McDonald's restaurants.Mar 7, 2022
Did McDonald's lower their coffee temperature?
McDonald's now serves its coffee at a temperature that is 10 degrees lower. Since the was was filed, people have pursued hot coffee claims against not just McDonald's but Burger King, Dunkin' Donuts, Starbucks, Continental Airlines, and other companies.Jul 15, 2021
Why did McDonald's keep 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 âmade the coffee taste better.âMay 18, 2018
What is the hot coffee lawsuit?
McDonaldâs Restaurantsâ more commonly known as the McDonaldâs hot coffee lawsuitâis often cited as a classic example of frivolous litigation in the United States. In much of the publicâs eye, Stella Lieback was a greedy plaintiff who spilled warm coffee on her lap while driving and decided to cash in by suing ...
When did Stella Liebeck buy McDonald's coffee?
On February 27, 1992 , Stella Liebeck, 79 years old, purchased a cup of McDonaldâs coffee. While sitting in the passenger seat of her grandsonâs parked car, she attempted to remove the lid in order to add cream while holding the coffee cup between her knees.
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 happened to Stella Liebeck?
Yet, what actually happened? On February 27, 1992, Stella Liebeck, 79 years old, pulled into the drive-through of a McDonaldâs restaurant in Albuquerque, New Mexico and ordered a cup of coffee.
What was the significance of the Liebeck case?
The Liebeck case sparked a debate all across the country regarding frivolous lawsuits and excessive jury awards. Many saw this as a signal that tort reform was in dire need. However, far beneath the squawk and squabble of the media and other chattering classes, the real issues-legal issues-remained to be tussled over by both sides.
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.
How hot is McDonald's coffee?
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. In the 10 years before the case, more than 700 people who were scalded by ...
What happened to Stella Liebeck?
Stella Liebeck was badly injured. All she remembered was the pain.
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.
Does McDonald's lower the temperature of coffee?
In the 10 years before the case, more than 700 people who were scalded by coffee burns made claims against the company. But McDonald's never lowered the temperature of its coffee.
Who was responsible for the McDonald's coffee cup accident?
Applying the principles of comparative negligence, the jury found that McDonald's was 80% responsible for the incident and Liebeck was 20% at fault. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient.
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 was the name of the lawsuit that was a flashpoint in the debate in the United States over tort reform?
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, a 79-year-old woman who suffered third-degree ...
Where did Stella Liebeck get her coffee?
On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-cent cup of coffee from the drive-through window of a local McDonald's restaurant located at 5001 Gibson Boulevard Southeast . Liebeck was in the passenger's seat of a 1989 Ford Probe which did not have cup holders. Her grandson parked the car so that Liebeck could add cream and sugar to her coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap. Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.
What temperature should coffee be served at?
Scott. During the case, Liebeck's attorneys discovered that McDonald's required franchisees to hold coffee at 180â190 °F (82â88 °C). Liebeck's attorney argued that coffee should never be served hotter than 140 °F (60 °C), and that a number of other establishments served coffee at a substantially lower temperature than McDonald's. They presented evidence that coffee they had tested all over the city was all served at a temperature at least 20°F (11°C) lower than what McDonald's served. Liebeck's lawyers also presented the jury with expert testimony that 190 °F (88 °C) coffee may produce third-degree burns (where skin grafting is necessary) in about 3 seconds and 180 °F (82 °C) coffee may produce such burns in about 12 to 15 seconds. Lowering the temperature to 160 °F (71 °C) would increase the time for the coffee to produce such a burn to 20 seconds. Liebeck's attorneys argued that these extra seconds could provide adequate time to remove the coffee from exposed skin, thereby preventing many burns. McDonald's claimed that the reason for serving such hot coffee in its drive-through windows was that those who purchased the coffee typically were commuters who wanted to drive a distance with the coffee; the high initial temperature would keep the coffee hot during the trip. However, it came to light that McDonald's had done research which indicated that customers intend to consume the coffee immediately while driving.
What is the temperature of McDonald's coffee?
Since Liebeck, McDonald's has not reduced the service temperature of its coffee. McDonald's current policy is to serve coffee at 176â194 °F (80â90 °C), relying on more sternly worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee.
What is the hot coffee movie 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 McDonald's pay in punitive damages?
But because McDonaldâs 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, thatâs less than McDonaldâs makes from the sales of its coffee in a single day.
What temperature does coffee burn?
Normally, coffee is served at around 140 degrees. This coffee was between 180 and 190 degrees. Basically, thatâs hot enough to cause horrible third degree burns.
Where did the hot coffee lawsuit start?
The now infamous Hot Coffee Lawsuit began when Mrs. Liebeck sought the help of a personal injury attorney in a law office in Santa Fe, New Mexico. The firm she walked into just so happened to the be law office of an acquaintance familiar with Reed Morgan âs work on the previous hot liquid spill case.
How many complaints did McDonald's get?
McDonaldâs Hot Coffee and the discovery of the 700 Complaints. During discovery, Morgan and his team found that between 1982 and 1992, McDonaldâs received more than 700 reports from consumers burned by their coffee.
Why was Stella Liebeck ignored?
In the mid-1990s, Stella Liebeckâs injuries were largely ignored. The media and lawmakers dismissed the facts of the case in favor of pointing to what they viewed as an outrageous jury award. There are three primary reasons the public remains so misinformed about the Liebeck case include the following: 1 The focus on the jury-awarded punitive damages. 2 A concerted political campaign to skew public opinion in favor of tort reform. 3 A failure to report the injuries distorted the case in the mind of the public.
What temperature should coffee be served at?
According to Morgan, consumer studies put the ideal temperature for consumption of coffee between 145-155°.
How long does it take for coffee to burn?
Morgan learned that liquid with a temperature of 180-190° could lead to third-degree burns in as little as two to seven seconds, and especially so if clothing absorbs the liquid. This is the temperature that McDonaldâs admitted to keeping their coffee, based on a consultantâs recommendation for optimal taste.
Who discovered the science behind McDonald's?
He began his research by asking why Liebeck had gotten such deep burns. Through speaking with Dr. Ken Diller at the University of Texas at Austin, he discovered the science of which he based the case against McDonaldâs.
Did Stella Liebeck get a payday?
In reality, Stella Liebeck wasnât looking for a major payday; she was looking for a fair settlement.
How did Stella Liebeck get burned?
Stella Liebeck, the 79-year-old woman who was severely burned by McDonaldâs 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 hotâhot 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 genitalsâthe 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 did the Liebeck case last?
Her recovery lasted two years. Liebeck offered to settle the case for $20,000, but the company refused. McDonaldâs offered Liebeck only $800âwhich did not even cover her medical expenses. When the case went to trial, the jurors saw graphic photos of Liebeckâs burns.
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.
The Facts of The Case
On February 27, 1992, Stella Liebeck, a 79-year-old widow, was in the passenger seat of her grandsonâs Ford Probe ordering a Value Meal at the drive-through window of an Albuquerque, New Mexico, McDonaldâs. Since there were no cup holders in the Probe and the interior surfaces were sloped, her grandson, ChristopâŚ
Why Liebeck Decided to Sue
- When Liebeckâs medical bills topped $10,000, she contacted McDonaldâs and asked to be reimbursed. âWe couldnât believe that this much damage could happen over spilled coffee,â Liebeckâs daughter, Judy Allen, said in Scalded by the Media, a 2013 documentary about the case. âWe wrote a letter to McDonaldâs asking them to check the temperature of the coffee and to givâŚ
What Came Out in Court
- During the trial, Liebeckâs surgeon, David Arredondo, MD, told the jury that if liquid at that temperature makes contact with skin for more than a few seconds, it will cause very serious burns. âIf youâre lucky, it will produce second-degree burns,â he said. âIf youâre not as lucky, you will get third-degree or full-thickness burns requiring skin grafting and surgery.â Jurors were given a âŚ
How The Public reacted to The Verdict
- As Scalded by the Media showed, although the original Albuquerque Journal article about the trial ran at 700 words, subsequent pickup and wire-service articles were far shorter and left out important details. In the end, all that most people knew about the case came from the headlines and late-night talk shows. These fast food court cases are ba-da-ba-ba-dumb. âWhen you read, ââŚ
The Final Outcome
- Her family, understandably, was appalled. âI am just astounded at how many people are aware of this case and how many people have a distorted view of the case,â said daughter Judy Allen. âIâll say, âWhat if I told you she wasnât driving?â and theyâll say, âOh, no, she was driving.âââ âIâve heard people say she was asking for $30 million or something equally ridiculous,â said Liebeckâs daughâŚ
Synopsis
A normal woman in a small town drives up to a McDonalds and orders a cup of coffee. The rest is history. In the weeks and months to follow this encounter, great controversy would swirl around this woman and her latte. Television shows, pundits, and politicians across the country debated the matter vigorously. A docuâŚ
Facts
- On February 27, 1992, Stella Liebeck, 79 years old, pulled into the drive-through of a McDonalds restaurant in Albuquerque, New Mexico and ordered a cup of coffee. It only cost her 49 cents but it serving her that drink would cost the restaurant a lot more than that when it was all said and done. Stella was not actually driving; her grandson, Chris, was driving his 1989 Ford Probe. PolitâŚ
Health
- Quickly, she was rushed to the hospital where doctors determined she had suffered third-degree burns on a small part of her body. She stayed at the hospital a little over a week where she received skin grafting. The incident left her with significant weight loss, permanent disfigurement, and disability for years to come.
Aftermath
- Combined, Liebecks losses from the incident (medical bills, loss of work, etc.) were a little under $20,000, and she offered to settle with McDonalds for that amount. They refused and suggested less than $1,000.
Trial
- This prompted her to obtain legal counsel. Her lawyer sought to compromise with the fast-food giant for $300,000. When the company again balked, unfortunately as it turned out, they went to trial where the jury awarded Liebeck $160,000 in medical expenses and $2.7 million in punitive damages. See WL 360309 (Bernalillo County, N.M. Dist. Ct. 1994) While the judge would eventuaâŚ
Statistics
- Though it may be surprising, statistics actually tend to disprove the argument that excessive or frivolous litigation is choking the life out of the American legal system. Many studies (even those by the conservative Rand Institute) show that only a small percentage of those injured file a lawsuit against their transgressor.
Significance
- Furthermore, less than ten percent of all cases related to torts since the early 1990s. However, even if these statistics were not true (which they are), and even if her injuries were not severe (which they were), this case illustrates the great divide between rhetoric and reality. That is to say that one must separate the great controversy this case created and focus on the underlying legaâŚ
Quotes
- Here, by selling Liebeck coffee it can easily be argued that a duty was created requiring the company to serve her as similarly situated companies would serve her as well. Context is key. Negligence only requires what reasonable people would do in the same circumstances. However, the question arose-did McDonalds breach that duty by serving coffee at temperatures above 18âŚ
Criticisms
- The other claim that Liebeck advanced through Morgan was that the coffee was defectively manufactured. This is a products liability argument that argues that some defect in the particular item given to the plaintiff made it different than all the others and that defect caused the plaintiff injury. Also, that defect was not made known to the plaintiff.
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