The coffee spilled on Liebecks lap, resulting in second- and third-degree burns over 16 percent of her body. He has a passion for quality-focused journalism and believes in using technology to make people's lives better. Children’s drinks are typically served at 130 degrees. Newspaper headlines such as "hot cup of coffee costs $2.9 million,"2or "coffee spill burns woman; Stella suffered 3rd degree burns requiring . She was determined to be 20% at fault for her burns because she had spilled the coffee but Mcdonald's was 80% at fault for keeping the coffee way too hot. Most famously, in 1992 79-year-old Stella Liebeck sued the burger chain when she sustained third degree burns after spilling McDonald's coffee on her legs and thighs. This coffee was between 180 and 190 degrees. Reality: People did not realize how seriously they could be burned. It's a case practically every American citizen knows about and likely speaks about 2016-03-24 The pictures of her burned thighs are, in a word, horrific. The coffee . 2016-09-30 Sep 30, 2016. Stella Liebeck was a 79-year-old woman in Albuquerque, New Mexico, whose grandson drove her to McDonalds in 1992. In the process of taking the lid off, some coffee spilled onto her lap. Plaintiff Stella Liebeck, a 79-year-old woman, 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. Plus charts and cats. Now that you know the history of the hot coffee lawsuit, find out 75 more mind-blowing facts about McDonalds. For reference, 150 degree water can definitely burn you within seconds, and the , 2020-08-19 Note: William H Shaw 9e chapter 6 Stella Liebeck ordered a 49 cent cup of coffee at the drive-through of a McDonalds franchise in Albuquerque, New Mexico. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. He walks through some of the actual details of the case: As Conover put it, This was an incredibly rare case where a working-class victim actually beat a huge team of corporate lawyers and made the world a better place.. str = $(this).attr('id'); ","acceptedAnswer": {"@type": "Answer","text": "In 2002, Caesar Barber filed a lawsuit against McDonald's, Burger King, Wendy's, and KFC, claiming that their greasy and salty food had made him obese and unhealthy. Liebeck offered to settle the case for $20,000, but the company refused. The decision was appealed by both McDonald's and Liebeck in December 1994, but the parties settled out of court for an undisclosed amount. How Do I Get My Boost Account Number And PIN? A trial jury "beheaded" them for that and awarded the plaintiff almost $3 million in punitive . Stella Liebeck, a 79 year-old widow, was sitting in her grandson's car at a McDonald's drive through ordering a meal. That Stella Liebeck needed to defend her reputation is the saddest piece of this whole story to me., I was not in it for the money, Liebeck said at the time. McDonalds admitted that its coffee was a hazard at such high temperatures. Stella Liebeck's Injury and Hospitalization A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body. . "}}, {"@type": "Question", "name": "How Much Money Did Mrs Liebeck Actually Receive? Her argument: The coffee was too hot. Not the logical consequence of a thoughtful trial.. ","acceptedAnswer": {"@type": "Answer","text": "To prove negligence, Stella Liebeck had to show that McDonald's had a duty to her, that they breached that duty, and that the breach was the direct and proximate cause of her injuries. But because she caused the spill, they reduced the amount to $160,000. Mrs. Liebeck’s lawyers believed that McDonalds was liable to Mrs. Liebeck because they served their coffee at an unreasonably high temperature. Select from premium Stella Liebeck of the highest quality. McDonalds only offered $800, leading her to file a lawsuit in 1994. ","acceptedAnswer": {"@type": "Answer","text": "More than 20 lawsuits have been brought against McDonald's Corporation in relation to the issue of obesity, including cases alleging that the company is responsible for the health problems of its customers. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her daughter's[13] loss of income was approximately $5,000 for a total of approximately $18,000. Second-degree burns involve the outer layer of skin and the layer beneath it. During this period, Liebeck lost 20 pounds (9.1kg) (nearly 20 percent of her body weight), reducing her to 83 pounds (38kg). If the coffee is steaming hot and you are injured as a result, you may be able to file a legal action. Liebeck sought to settle with McDonald's for $20,000 to cover her medical expenses. Now that you know what inspired the hot coffee lawsuit, here are some more things McDonalds employees wont tell you. ","acceptedAnswer": {"@type": "Answer","text": "The coffee that burned the lady was heated to somewhere between 180 to 190 degrees. A New Mexico jury awarded Ms. Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages and, in an instant, the media and legal communities were up in arms. Here at DeviceMAG we take technology very serious, no matter if its a small gadget or a new device on the market. success: function(response) { There was a lot more to the case. She was partially disabled for two years after the incident, while she received medical attention for her burns. But what really happened in the case of Liebeck v. McDonald's? The key is to prove that the coffee was defective in some way and that this caused your injuries. And we thought this was a very small punitive damage.. Instead of the $10,000 she was reportedly seeking for her injury, Edwards is now facing 21 felony counts of insurance fraud and worker's compensation fraud. This case has become synonymous with America's over-litigious society and a supposed lack of common sense. "}}, {"@type": "Question", "name": "How Did Stella Liebeck Prove Negligence? At temperatures over 140 degrees Fahrenheit, drinks can cause serious burns, but McDonald's kept its coffee temperature between 180 and 190 degrees Fahrenheit in order to make sure that their coffee tasted as good as possible. [35], Two years prior to Liebeck, a similar lawsuit was settled during the trial for $15 million due to injuries from a sink in a rented apartment. 2013-10-18 Liebeck V. McDonalds: The Big Burn. Thought the McDonald's Hot Coffee Spilling Lawsuit was Frivolous? Through the telling and retelling of the infamous tale, the gist became that 79-year-old Stella Liebeck got burnt by some hot coffee from the fast-food restaurant and sued them. And family oriented 3 reputation consumers 1stella. Consumer advocates say the distorted narrative picked up speed because business interests and some lawmakers used it as a way to create a public belief that frivolous lawsuits were common and that jury verdicts were running amok, all in an effort to advance a tort reform agenda that limits consumers ability to hold wrongdoers accountable. `. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. She was in a parked car when the coffee spilled. Sister of Madelyn Ousterhout. That is usually enough time to wipe away the coffee. As for her injury: why the discrepancy between "six percent" and "16 percent" burn area? Liebecks attorney Kenneth Wagner said Liebeck was concerned about the number of other people who had been burned by McDonalds coffeeand that the number included children. This caused scalding hot coffee to spill on Liebeck, causing her serious injuries. Copyright 2022, Thomson Reuters. You can also contribute via. 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. (adsbygoogle = window.adsbygoogle || []).push({}); function react(obj,id, value) { Home. The trial judge reduced the punitive damages to $480,000, while noting that McDonalds behavior had been willful, wanton, and reckless. The parties later settled for a confidential amount. [36], Since Liebeck, McDonald's has not reduced the service temperature of its coffee. If a lady goes to a fast-food restaurant, puts coffee in her lap, burns her legs, and sues and gets a big settlement, that in and of itself is enough to tell you why we need tort reform. former U.S. Representative John Kasich of Ohio, Public opinion was swayed. Its treated as a classic example of judicial overreach and greed: A woman, driving in her car while holding McDonalds coffee between her legs, spills some of the coffee on herself. However, the verdict was later overturned on appeal. "A New Mexico civil jury awarded $2.86 million to the plaintiff Stella Liebeck, a 79-year-old woman who suffered third-degree burns when she accidentally spilled hot coffee in her lap after purchasing it at a McDonald's drive-through" (wikipedia.org). Once everybody decides what is true about something and the media has been sort of an echo chamber for it, then how do you deal with the fact that they might be wrong? said Llewellyn. Stella Liebeck Burns Photo Adam Ruins Everything - The Truth About the McDonald's Coffee Lawsuit Watch on On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a cup of coffee from the drive-through window of a local McDonald's restaurant. Adam Ruins Everything explains that the case wasnt about greed, but about a working-class woman forcing a big company to make its product safer. Will you support Voxs explanatory journalism? In addition, they awarded her $2.7 million in punitive damages. Liebeck's thighs sustained third-degree burns so severe she required skin grafts. ","acceptedAnswer": {"@type": "Answer","text": "McDonald's coffee is not served at the optimum temperature for coffee brewing, which is around 80 – 90 degrees. [11] McDonald's quality control manager, Christopher Appleton, testified that this number of injuries was insufficient to cause the company to evaluate its practices. Stella Liebeck, a 79 year-old widow, was sitting in her grandson's car at a McDonald's drive through ordering a meal. They heard experts testify about how hot coffee should be and that McDonalds coffee was 30 to 40 degrees hotter than coffee served by other companies. Terms of Service apply. The Chicago mayors race shows Democrats still have a crime problem, The campaign to make insulin less expensive just scored a major victory, OpenAI wants to build systems smarter than us. Learn about 10 scandals that rocked the fast-food industry. For similar uses, see, Michael McCann, William Haltom, and Anne Bloom, "Law & Society Symposium: Java Jive: Genealogy of a Juridical Icon", 56 U. Miami L. Rev. e.preventDefault(); "}}, {"@type": "Question", "name": "Why Did McDonald's Serve Coffee So Hot? First-degree burns are the least severe and only involve the outer layer of skin. Liebeck acknowledged that the. Our position was that the product was unreasonably dangerous, and the temperature should have been lower, Wagner said. "}}, {"@type": "Question", "name": "On What Theory Did Ms Liebeck's Attorney Base The Lawsuit Upon? [11] Lowering the temperature to 160F (71C) would increase the time for the coffee to produce such a burn to 20 seconds. But it continued the practice, enforced by official McDonalds policy, of heating up its coffee to near-boiling point. With a passion for everything that gets geeks high were here to feed you with the latest news. These fast food court cases are ba-da-ba-ba-dumb. asking for $20,000 but McDonald's declined that settlement. 2013-10-21 Stella Liebeck's lawsuit was turned into a punch-line as the public overlooked critical facts in the case including the nearly 700 other complaints that McDonalds had received about their hot coffee. Instead, their coffee is served at temperatures of around 130 140 degrees. $(obj).find('span').text(response); McDonald's staunchly refused to settle despite multiple attempts to mediate the case before trial. [7] Ex-attorney Susan Saladoff sees the portrayal in the media as purposeful misrepresentation due to political and corporate influence. A man said, The woman purchased the coffee and spilled it on herself. Her grandson parked the car to allow Mrs. Liebeck to add cream and sugar to her coffee. Stella Liebeck's family initially asked McDonald's to cover her out-of-pocket expenses. Burn Incident. He argued that all foods hotter than 130F (54C) constituted a burn hazard, and that restaurants had more pressing dangers to worry about. Liebeck's attorneys argued that coffee should never be served hotter than 140F (60C), and that a number of other establishments served coffee at a substantially lower temperature than McDonald's. From ferrarolaw.com See details STELLA LIEBECK AND THE TRUTH ABOUT THE MCDONALD'S BURN CASE 2019-08-28 Call For A Free Legal Consultation: (201) 293-3979; MENU MENU. Since the was was filed, people have pursued hot coffee claims against not just McDonalds but Burger King, Dunkin Donuts, Starbucks, Continental Airlines, and other companies. {"@context": "https://schema.org","@type": "FAQPage","mainEntity":[{"@type": "Question", "name": "What Kind Of Burns Did Stella Liebeck Have? If McDonalds had served their coffee at a reasonable temperature, it would have been unlikely that Mrs. Liebeck's injuries would've been so severe. On top of that, her age may have played a part in the severity of her wounds, because the skin of older people is thinner and more susceptible to injury. 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. Liebeck was in the passenger's seat of her grandson's Ford Probe, and her grandson Chris parked the car so that Liebeck could add . Wife of Henry Gerhardt Liebeck. Stella ordered a 49 cent cup of coffee. Liebeck settled for less than $600,000. If the coffee is steaming hot and you are injured as a result, you may be able to file a legal action. In a press release, the California Department Insurance reports that detectives investigating Edwards' claim discovered that photos she had submitted of her injuries were actually taken from a hospital website. In 1992, Stella Liebeck spilled scalding McDonald's coffee in her lap and later sued the company, attracting a flood of negative attention. [41], "Hot coffee case" redirects here. And then she ultimately wins millions of dollars from the fast food chain becoming rich due to a dumb mistake that was all on her. The coffee was so hot, in fact, that it caused third-degree burns on the lady's thighs, buttocks, and groin. Reader support helps us keep our explainers free for all. The drink was so hot that she landed in the hospital for seven days with third-degree burns on her inner thighs, groin, and buttocks Stella Liebeck Latest Breaking News, Pictures, Videos, and Special Reports from The Economic Times. This site is protected by At temperatures over 140 degrees Fahrenheit, drinks can cause serious burns, but McDonald’s kept its coffee temperature between 180 and 190 degrees Fahrenheit in order to make sure that their coffee tasted as good as possible. Scott. JAMES COLBURN INC I6984 - ZUMAg49_ After the hospital stay, Liebeck needed care for three weeks, which was provided by her daughter. Stella May Shreeve Liebeck was born in Norwich, Norfolk, England, on December 14, 1912. Stella shad sustained incredibly gruesome third-degree burns on her legs, lap, and groin. 2019-08-28 Call For A Free Legal Consultation: (201) 293-3979; MENU MENU. This high temperature can result in a burnt flavor, and can also lead to a loss of flavor and aroma. Although the court award was well reasoned given the severe injuries suffered, the media spins the . Liebeck’s attorney based the lawsuit on a theory of negligence. Case Study: The True Story Behind the McDonald's Coffee Lawsuit, https://en.wikipedia.org/w/index.php?title=Liebeck_v._McDonald%27s_Restaurants&oldid=1141792275, This page was last edited on 26 February 2023, at 20:48. More than 20 lawsuits have been brought against McDonald’s Corporation in relation to the issue of obesity, including cases alleging that the company is responsible for the health problems of its customers. McDonald's went on to offer Liebeck a small amount of $800. Also in both cases the impending . Liebeck proceeded to court and as the court continued, the jury saw the pictures the pain-filled photos of Liebeck's third-degree burns, it was developed that McDonald's sold their coffee several degrees higher than other companies and McDonald's had over 700 unsolved . All rights reserved. The amount was later reduced to about $650,000, which was further lowered to about $500,000. They were so bad that she went into shock, and was immediately rushed to the emergency room, where she incurred $10,000 in medical bills. McDonald’s had a duty to Stella Liebeck to serve coffee at a temperature that would not cause serious burns. Medical Revenue Recovery. Ms. Liebeck suffered third-degree burns on her pelvis and underwent skin grafting. The plaintiffs argued that Appleton conceded that McDonald's coffee would burn the mouth and throat if consumed when served. They awarded Liebeck $200,000 in compensatory damages, which was reduced by 20 percent to $160,000. Ms. McDonald's refused Morgan's offer to settle for $90,000. Liebeck's attorneys argued that these extra seconds could provide adequate time to remove the coffee from exposed skin, thereby preventing many burns. We accept credit card, Apple Pay, and The Truth About Stella Liebeck. The coffee spilled and caused third-degree burns in her pelvic region. Heres how to remove coffee stains. [18] 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. Lawyers for Stella Liebeck, 81,who suffered third-degree burns in the 1992 incident, contended that McDonald's coffee was too hot. The total was $2,735,000 more than Liebecks lawsuit had requested. The McDonald’s coffee was served at a temperature between 180 and 190 degrees Fahrenheit. "}}, {"@type": "Question", "name": "Who Sued McDonald's For Making Them Fat? The only way you can get the attention of a big company [is] to make punitive damages against them, said juror Marjorie Getman. Medical Revenue Recovery. Date: 18.05.2012 Author: notcessme stella liebeck How about, for instance, Stella herself? Stella Liebeck originally wrote McDonald's a letter asking them to reimburse her for the $10,000 in medical bills that accrued after the accident. scorching 6% of her body with third degree burns. He has a keen interest in all things technology, and loves to write about the latest developments in the industry. Jurors heard testimony for a week and deliberated for hours. "}}, {"@type": "Question", "name": "Is McDonalds Coffee Still Hot? She spilled the coffee, was burned, and a year later, sued McDonald's. The jury awarded her $2.9 million dollars. In addition, investigators determined that Edwards had submitted counterfeit documentation of treatment she had allegedly received at a local hospital. Liebeck's family originally asked McDonald's to cover the woman's out-of-pocket expenses of $2,000 plus lost wages for her daughter, but the company offered only $800. In fact, Liebeck's burns were extremely serious, she . After an investigation, however, state insurance officials determined that both Edwards' documentation and her injury were bogus. Its either passion or need. of a 500-passanger flying-wing subsonic transport aircraft that offers the potential for a 30 percent reduction in fuel burn when compared to today's conventional tube . 2021-04-07 Perhaps one of the most famous personal injury lawsuits, Liebeck versus McDonalds involves Stella Liebeck, a 79-year-old woman who spilled 190F McDonalds coffee into her lap. Millions turn to Vox to educate themselves, their family, and their friends about whats happening in the world around them, and to learn about things that spark their curiosity. [6] Legal commentator Jonathan Turley called it "a meaningful and worthy lawsuit". Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico bought a cup of coffee from a local McDonald's restaurant (Ralph & Wesley 268). (Hot Coffee is available in the museums gift shop.) Stella Liebeck was a 79-year-old woman in Albuquerque, New Mexico, whose grandson drove her to McDonald's in 1992. Have anything worth reading and writing about it, then why not send us an email to give us more details. Browse related the founder videos, including the founder movie trailers and . There were no cup holders in the car to accommodate for the hot beverages they had ordered, so her grandson parked his car right after receiving their meals. Something went wrong. Normally, coffee is served at around 140 degrees. McDonald's offered $800. [40], An October 25 follow-up article noted that the video had more than one million views and had sparked vigorous debate in the online comments. 113 (October 2001), which describes the accident in detail, Amended Complaint about Damages, Stella LIEBECK, Plaintiff, v. MCDONALD'S RESTAURANTS, P.T.S, Inc. and McDonald's Corporation, Defendants. According to news accounts, this amount was less than $500,000. McDonald's Restaurants, better known as the McDonald's hot coffee lawsuit of 1994. That's when a jury awarded the plaintiff $2.86 million for burns she received when she accidentally spilled . For example, if the cup was not properly microwaved and it resulted in scalding coffee, you may have a case. She said the settlement had paid for a live-in nurse. The company knew its coffee was causing serious burns, but it decided that, with billions of cups served annually, this number of burns was not significant. 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 S.E. Much of the coverage about Stella Liebeck has been , 2016-12-16 McDonalds only offered $800, leading her to file a lawsuit in 1994. [16] Instead, the company offered only $800. McDonald's is a well-known product liability lawsuit that became a flash point in the debate in the U.S. over tort reform after a jury awarded $2.9 million to Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, who sued McDonald's after she suffered third-degree burns from hot coffee that was spilled on her at one of the company's 2019-09-30 A Saskatchewan woman is suing McDonalds Restaurants of Canada, seeking compensation of about $125,000 after she was burnt by scalding tea that she says was handed to her with a loose-fitting and family oriented 3 Reputation Consumers 1Stella Liebeck other burn victims 2. }); The NYTimes put out a mini documentary as part of their Retro Report video series, taking a closer look at the case of 79-year-old Stella Liebeck, who . Robert Liebeck, Professor of the Practice of Aerospace Engineering, will receive one of the most prestigious awards in aviation: the Daniel Guggenheim Medal. She had to be hospitalized for eight days, and she required skin grafts and other treatment. During the court hearing, it came to light that the restaurant had fielded hundreds of complaints about burns from their coffee, and had settled many claims in the past, some for . In this case, the restaurant was negligent in heating the coffee to such a high temperature. Since there were no cup holders in the Probe and the interior surfaces were sloped, her grandson, Christopher Tiano, pulled into a parking spot after they got their order. Its coffee 2.86 million for burns she received medical attention for her burns sees the portrayal in media... Worth reading and writing about it, then why not send us an email to give us details! And a supposed lack of common sense Public opinion was swayed further lowered to $... Burns so severe she required skin grafts and other treatment matter if its a amount... Officials determined that both Edwards ' documentation and her injury were bogus about, for,. Punitive damage her injury were bogus 800, leading her to McDonalds in.! The outer layer of skin, lap, and the layer beneath it industry. The media spins the if consumed when served she required skin grafts gift shop. resulted in scalding coffee you! About the latest developments in the museums gift shop. than Liebecks lawsuit had requested awarded plaintiff. Beheaded & quot ; them for that and awarded the plaintiff almost $ 3 million in punitive technology and. Do I liebeck burn photos My Boost Account Number and PIN also lead to a loss of flavor and aroma may a... Weeks, which was provided by her daughter, which was provided by her daughter select from premium stella was... Lives better side of the hot coffee lawsuit of 1994 and PIN could..., whose grandson drove her liebeck burn photos McDonalds in 1992 hazard at such high.. 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That & # x27 ; s had a duty to stella Liebeck about... $ 800 a lawsuit in 1994 thought the McDonald & # x27 ; s went on to offer Liebeck small. Said the settlement had paid for a week and liebeck burn photos for hours the. Former U.S. Representative John Kasich of Ohio, Public opinion was swayed have. Get My Boost Account Number and PIN information and resources on the market the total was $ more... Reading and writing about it, then why not send us an email to give us more.. Coffee from exposed skin, thereby preventing many burns attention for her burns to offer Liebeck a amount... And throat if consumed when served a live-in nurse to spill on Liebeck, McDonald 's refused Morgan offer. S coffee was so hot, in fact, Liebeck needed care for three,. Skin grafting Author: notcessme stella Liebeck of the highest quality Spilling lawsuit was Frivolous reading writing. Lawsuit had requested Liebeck of the lid off, some coffee spilled and caused third-degree burns so severe she skin! She received when she accidentally spilled Liebeck to add cream and sugar her. Trial jury & quot ; them for that and awarded the plaintiff $...