Liebeck v. McDonald's Restaurants
Liebeck v. McDonald's Restaurants | |
---|---|
Full case name | Stella Liebeck v. McDonald's Restaurants, P.T.S., Inc. and McDonald's International, Inc. |
Decided | August 18, 1994 |
Citation(s) | 1994 Extra N.M. Dist. Ct. 1994), |
Court membership | |
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 highly publicized 1994 product liability lawsuit in the United States against the McDonald's restaurant chain.[1]
The plaintiff, Stella Liebeck (1912–2004),
Liebeck's attorneys argued that, at 180–190 °F (82–88 °C), McDonald's coffee was defective, and more likely to cause serious injury than coffee served at any other establishment. The jury found that McDonald's was 80 percent responsible for the incident. They awarded Liebeck a net $160,000
The Liebeck case became a flashpoint in the debate in the United States over tort reform. It was cited by some as an example of frivolous litigation;[5] ABC News called the case "the poster child of excessive lawsuits",[6] while the legal scholar Jonathan Turley argued that the claim was "a meaningful and worthy lawsuit".[7] Ex-attorney Susan Saladoff sees the portrayal in the media as purposeful misrepresentation due to political and corporate influence.[8] In June 2011, HBO premiered Hot Coffee, a documentary that discussed in depth how the Liebeck case has centered in debates on tort reform.[9]
Burn incident
Stella May Liebeck was born in
Liebeck went into shock and was taken to an emergency room at a hospital. She suffered
Attempts to settle
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[15] loss of income was approximately $5,000 for a total of approximately $18,000.[18] McDonald's offered only $800.[19]
When McDonald's refused to raise its offer, Liebeck retained the Texas attorney Reed Morgan. Morgan filed suit in the
Trial
The Liebeck case trial took place from August 8 to 17, 1994, before New Mexico District Court Judge Robert H. Scott.[20] During the case, Liebeck's attorneys discovered that McDonald's required franchisees to hold coffee at 180–190 °F (82–88 °C). Liebeck's attorneys 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. The attorneys presented evidence that coffee they had tested all over the city was served at a temperature at least 20 °F (11 °C) lower than McDonald's coffee. They 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 three seconds and 180 °F (82 °C) coffee may produce such burns in about twelve to fifteen seconds.[12] 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.[21]
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
Other documents obtained from McDonald's showed that from 1982 to 1992 the company had received more than 700 reports of people burned by McDonald's coffee to varying degrees of severity, and had settled claims arising from scalding injuries for more than $500,000.[12] McDonald's quality control manager, Christopher Appleton, testified that this number of injuries was insufficient to cause the company to evaluate its practices. He argued that all foods hotter than 130 °F (54 °C) constituted a burn hazard, and that restaurants had more pressing dangers to worry about. The plaintiffs argued that Appleton conceded that McDonald's coffee would burn the mouth and throat if consumed when served.[12][23]
Verdict
A twelve-person jury reached its verdict on August 18, 1994.
The judge reduced punitive damages to $480,000, three times the compensatory amount, for a total of $640,000. The decision was appealed by both McDonald's and Liebeck in December 1994, but the parties settled out of court for an undisclosed amount.[24] The Albuquerque Journal ran the first story of the verdict, followed by the Associated Press wire, which was picked up by newspapers around the world.[25]
Aftermath
The Liebeck case was incorrectly cited by many as an example of
Detractors have argued that McDonald's refusal to offer more than an $800 settlement for the $10,500 in medical bills indicated that the suit was meritless and highlighted the fact that Liebeck spilled the coffee on herself rather than any wrongdoing on the company's part.[27][28][29] They state that the vast majority of judges who consider similar cases dismiss them before they get to a jury.[30]
Liebeck died on August 5, 2004, at age 91. According to her daughter, "the burns and court proceedings (had taken) their toll" and in the years following the settlement Liebeck had "no quality of life". She said the settlement had paid for a live-in nurse.[31]
Similar lawsuits
In McMahon v. Bunn Matic Corporation (1998),
In Bogle v. McDonald's Restaurants Ltd. (2002), a similar lawsuit in the United Kingdom failed when the court rejected the claim that McDonald's could have avoided injury by serving coffee at a lower temperature.[32]
Since Liebeck, major vendors of coffee, including
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.[38]
Another lawsuit involving McDonald's was heard in Florida with the restaurant sued after a four-year-old girl suffered second-degree burns after a nugget from a happy meal fell in between her leg and the seatbelt.[39] McDonald's was found liable for negligence in the case and in July 2023 the girl, now eight years-old, was awarded $800,000 in damages. [40]
Coffee temperature
According to a 2007 report, McDonald's had not reduced the temperature of its coffee, serving it at 176–194 °F (80–90 °C),
Hot Coffee documentary
On June 27, 2011, HBO premiered a documentary about tort reform problems, 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 New York Times Retro Report
On October 21, 2013, The New York Times published a Retro Report video about the media reaction and an accompanying article about the changes in coffee drinking over 20 years.[14][42] The New York Times noted how the details of Liebeck's story lost length and context as it was reported worldwide,[14] and that McDonald's, rather than Liebeck, was portrayed as the victim.[43] Within a month, the Retro Report video had more than one million views and had triggered debate in the online comments.[44]
See also
- Compensation culture
- McDonald's legal cases
- "The Postponement" and "The Maestro" — Seinfeld episodes which include a parody of the case
References
- N.M. Dist. Ct. August 18, 1994), docket entry from nmcourts.com
- ^ Simmons, Andy (July 15, 2021). "Remember the Hot Coffee Lawsuit? It Changed the Way McDonald's Heats Coffee Forever". Reader's Digest.
- ^ "Liebeck v. McDonald's". www.tortmuseum.org. June 13, 2016. Retrieved January 13, 2022.
- ^ "McDonald's settles lawsuit over burn from coffee". The Wall Street Journal. December 2, 1994. B6.
- ^ a b Greenlee 1997, p. 701.
- ^ a b Pearel, Lauren (May 2, 2007). "'I'm Being Sued for WHAT?'". ABC News. Archived from the original on March 27, 2015.
- ^ a b Levin, Myron (August 14, 2005). "Legal Urban Legends Hold Sway | Tall tales of outrageous jury awards have helped bolster business-led campaigns to overhaul the civil justice system". www.kentlaw.edu. Archived from the original on March 3, 2012.
{{cite web}}
: CS1 maint: unfit URL (link) - ^ Archived at Ghostarchive and the Wayback Machine: Pacchia, Lee (June 28, 2011). "Hot Coffee Filmmaker Says Contributions Produce Biased Judges". YouTube. Bloomberg.
- ^ Tucker, Ken (June 27, 2011). "The must-watch TV show of the night: 'Hot Coffee' on HBO". Entertainment Weekly. Retrieved June 28, 2011.
- ^ Scalded by Coffee, Then News Media (MP4). The New York Times. October 21, 2013. Retrieved October 26, 2013.
- ^ Michael McCann, William Haltom, and Anne Bloom, "Law & Society Symposium: Java Jive: Genealogy of a Juridical Icon", 56 U. Miami L. Rev. 113 (October 2001), which describes the accident in detail
- ^ a b c d e f g Gerlin, Andrea (September 1, 1994). "A Matter of Degree: How a Jury Decided that a Coffee Spill is Worth $2.9 Million" (PDF). The Wall Street Journal. Archived from the original (PDF) on September 23, 2015. Retrieved June 18, 2015.
- ^ a b Nader & Smith 1996, p. 268.
- ^ a b c d e Scalded by Coffee, Then News Media (MP4). The New York Times. October 21, 2013. Retrieved October 26, 2013.
- ^ a b FindLaw's team of legal writers. "The McDonald's Coffee Cup Case: Separating McFacts From McFiction". Findlaw.
- ISBN 978-0-19-966189-3.
- ^ Haltom & McCann 2009, pp. 186ff.
- ^ Amended Complaint about Damages, Stella LIEBECK, Plaintiff, v. MCDONALD'S RESTAURANTS, P.T.S, Inc. and McDonald's Corporation, Defendants. 1993 WL 13651163, District Court of New Mexico, (Bernalillo County, N.M. Dist. Ct. October 5, 1993)
- ^ "The McDonald's Hot Coffee Case". www.caoc.org. Retrieved April 15, 2022.
- ^ a b Liebeck v. McDonald's Restaurants, docket entry from nmcourts.com[full citation needed]
- ^ "Liebeck v. McDonald's". www.tortmuseum.org. June 13, 2016. Retrieved May 15, 2022.
- ^ "McDsScaldingCoffee". www.gtla.org.
- ^ Nader & Smith 1996, pp. 270–272.
- ^ Daniel J. Shapiro, Punitive Damages in Louisiana: A Year of Controversy, 43 La. B.J. 252, 254 n.1 (1995).[verification needed]
- ^ Document 00689724 - McDonalds scalding: woman burned by hot coffee gets $2.9 million. Albuquerque: Associated Press. August 18, 1994.
- ^ a b c "Huntingdon & St Ives latest news - Burger chain sued after boy's ordeal". www.cambridge-news.co.uk. June 22, 2007. Archived from the original on May 15, 2009. Retrieved May 14, 2008.
- ^ Bainbridge, Stephen (August 1, 2004). "Trial lawyer propaganda at kos" (revised relocated blog entry). Retrieved May 14, 2008.)
- ^ Sebok, Anthony J. (November 2006). "Dispatches from the Tort Wars". Texas Law Review. 85: 1509–1510.
- ^ Frank, Ted (October 20, 2005). "Urban legends and Stella Liebeck and the McDonald's coffee case". Overlawyered.
- ^ a b "Angelina and Jack McMahon, Plaintiffs-Appellants, v. Bunn-O-Matic Corporation, James River Paper Company, and Wincup Holdings, L.P., Defendants-Appellees". Findlaw. July 2, 1998.
- ^ Smith, Toby (January 6, 2009). "Student Measured Heat in Coffee Case". Albuquerque Journal. Retrieved May 16, 2015.
- ^ England and Wales High Court (March 25, 2002). "Bogle & Ors v McDonald's Restaurants Ltd". www.bailii.org. 33.
- ^ Hurtado, Linda (February 12, 2011). "Local woman sues National Franchise over coffee". ABC Action News. The E.W. Scripps Co. Archived from the original on November 4, 2011. Retrieved March 22, 2013.
- ^ "Burned woman sues Burger King". 3 News NZ. January 10, 2012. Archived from the original on November 13, 2013. Retrieved January 9, 2013.
- ^ O'Brien, John (June 6, 2006). "Woman's estate sues over hot coffee". The West Virginia Record. Madison County Record, Inc. Retrieved March 22, 2013.
- ^ Behme, Todd J. (March 23, 2012). "McDonald's hit with 2 hot-coffee lawsuits". Crain's Chicago Business. Retrieved April 21, 2013.
- ^ Burke, Minyvonne (April 22, 2020). "Family of 3-year-old severely burned at Wawa by hot water gets $3 million settlement". NBC News.
- ^ York, Michael (May 27, 1992). "Child Scalded In Sink To Get $15 Million". The Washington Post.
- AP News. May 12, 2023. Retrieved May 14, 2023.
- AP News. Retrieved July 21, 2023.
- ^ a b Greenlee 1997, p. 724.
- ^ Stout, Hilary (October 21, 2013). "Not Just a Hot Cup Anymore". Retro Report. The New York Times. Retrieved October 26, 2013.
- ^ Scalded by Coffee, Then News Media (MP4). The New York Times. October 21, 2013. Event occurs at 6:45–11:35.
- ^ Bertram, Bonnie (October 25, 2013). "Storm Still Brews Over Scalding Coffee". Retro Report. The New York Times. Retrieved October 26, 2013.
Bibliography
- Greenlee, Mark B. (1997). "Kramer v. Java World: Images, Issues, and Idols in the Debate over Tort Reform". Capital University Law Review. 26 (4): 701–738.
- Haltom, William; McCann, Michael (2009) [2004]. Distorting the Law: Politics, Media, and the Litigation Crisis. Chicago: University of Chicago Press. ISBN 978-0-226-31469-3.
- ISBN 978-0-679-42972-2.
Further reading
- Rutherford, Denney G. (1998). "Lessons from Liebeck: QSRs Cool the Coffee". Cornell Hotel and Restaurant Administration Quarterly. 39 (3): 72–75. S2CID 154928258.
- Enghagen, Linda K.; Gilardi, Anthony (2002). "Putting things in perspective: McDonald's and the $2.9-million cup of coffee". Cornell Hotel and Restaurant Administration Quarterly. 43 (3): 53–60. ISSN 0010-8804.
External links
- The Stella Liebeck McDonald's Hot Coffee Case FAQ at Abnormal Use
- The Full Story Behind the Case and How Corporations Used it to Promote Tort Reform? – video report by Democracy Now!
- Thought the McDonald's Hot Coffee Spilling Lawsuit was Frivolous? by David Haynes of The Cochran Firm
- Case Study: The True Story Behind the McDonald's Coffee Lawsuit Archived 2016-07-14 at the Wayback Machine
- American Museum of Tort Law, Liebeck v. McDonald’s: The Hot Coffee Case
- Consumer Attorneys of California, The McDonald’s Hot Coffee Case