No reasonable expectation of a bike on the side of the road

[[email protected]]

[email protected] wrote:
> * company policy was to maintain the coffee at a temperature of 185C

Sorry, that should be 185F, which is 85C

 

[SteveA]

Donga wrote:
> This is the country where a driver can sue a fast food shop for making
> the coffee too hot, causing scalding when he spills it on his crotch
> WHILE DRIVING. Surely a half-sensible judge, such as Judy, would say,
> "You were drinking coffee while in charge of a two-ton lethal weapon?
> Get out of my court you idiot."

This is a bit of an urban myth. Some aspects of the case:

* the victim was a 79 year old lady, and she was a passenger

* the car was stopped at the time

* she suffered 3rd degree burns to 6 percent of her body, was
hospitalised for 8 days, and needed skin grafts

* company policy was to maintain the coffee at a temperature of 185C

* documents showed that McDonalds had received over 700 complaints
about coffee burns in the four years prior to the incident

* her claim was for $20K but McDonalds chose to fight it. Jury awarded
her $160K in compensation plus $2.7 million in punitive damages

http://caoc.com/CA/index.cfm?event=showPage&pg=facts

Aussie courts give bugger all punitive damages (also called "exemplary damages") so it would not be worth pouring coffee on yourself here.

SteveA

 

[Paulus]

May as well ban eating and drinking while operating cars. Add it to the
list of mobile phoneng, boffing and smoking.

"SteveA" <[email protected]> wrote in message
news:[email protected]...
>
> [email protected] Wrote:
>> Donga wrote:
>> > This is the country where a driver can sue a fast food shop for
>> making
>> > the coffee too hot, causing scalding when he spills it on his crotch
>> > WHILE DRIVING. Surely a half-sensible judge, such as Judy, would say,
>> > "You were drinking coffee while in charge of a two-ton lethal weapon?
>> > Get out of my court you idiot."
>>
>> This is a bit of an urban myth. Some aspects of the case:
>>
>> * the victim was a 79 year old lady, and she was a passenger
>>
>> * the car was stopped at the time
>>
>> * she suffered 3rd degree burns to 6 percent of her body, was
>> hospitalised for 8 days, and needed skin grafts
>>
>> * company policy was to maintain the coffee at a temperature of 185C
>>
>> * documents showed that McDonalds had received over 700 complaints
>> about coffee burns in the four years prior to the incident
>>
>> * her claim was for $20K but McDonalds chose to fight it. Jury awarded
>> her $160K in compensation plus $2.7 million in punitive damages
>>
>> http://caoc.com/CA/index.cfm?event=showPage&pg=facts
>
> Aussie courts give bugger all punitive damages (also called "exemplary
> damages") so it would not be worth pouring coffee on yourself here.
>
> SteveA
>
>
> --
> SteveA
>

 

[[email protected]]

SteveA wrote:
> Aussie courts give bugger all punitive damages (also called "exemplary
> damages") so it would not be worth pouring coffee on yourself here.

The article pointed out that McDonalds sell US$2.7 million worth of
coffee in about 2 days, so the damages don't really seem excessive.
Can't see it happening here though...

 

[[email protected]]

Donga wrote:
> Surely not in a sensible legal system. Coffee at 85 degrees? Heck, many
> would complain it was cold. Those who complained probably make it and
> drink it straight out of the kettle themselves. Those who consume
> coffee and hamburgers while sitting in a car should expect to wear
> coffee and ketchup, whether the car is moving or not.

I suspect that most people aren't aware that you can get third
degree burns spilling coffee onto your lap. McDonalds certainly
were aware however, and had received numerous complaints,
but had made no attempt to reduce the risk or even to provide
adequate warnings.

The passenger in question was holding the cup between her
knees while adding milk and suger. The court found that she
was 20% at fault. ie it was a stupid thing to do, but she had
no way of foreseeing the consequences.

You might feel differently about the case after receiving third
degree burns to your groin, requiring skin grafts.

 

[Theo Bekkers]

[email protected] wrote:

> I suspect that most people aren't aware that you can get third
> degree burns spilling coffee onto your lap. McDonalds certainly
> were aware however, and had received numerous complaints,
> but had made no attempt to reduce the risk or even to provide
> adequate warnings.

For Christ's sake. The standard temp for a cup of coffee made by a
professional Baristo is 85ºC. 65ºC will still burn you. You want your coffee
at body temp? Just how stupid do you have to be to not know coffee is hot?

> The passenger in question was holding the cup between her
> knees while adding milk and suger. The court found that she
> was 20% at fault. ie it was a stupid thing to do, but she had
> no way of foreseeing the consequences.

I would have thought she was at least 99.99% at fault. Holding a cup of
coffee between your knees in a car? Geez! If you really have to do that, use
the built-in cup holder.

> You might feel differently about the case after receiving third
> degree burns to your groin, requiring skin grafts.

I'll try not to be that stupid.

Theo

 

[Donga]

Theo Bekkers wrote:
> [email protected] wrote:
>
> > I suspect that most people aren't aware that you can get third
> > degree burns spilling coffee onto your lap. McDonalds certainly
> > were aware however, and had received numerous complaints,
> > but had made no attempt to reduce the risk or even to provide
> > adequate warnings.
>
> For Christ's sake. The standard temp for a cup of coffee made by a
> professional Baristo is 85ºC. 65ºC will still burn you. You want yourcoffee
> at body temp? Just how stupid do you have to be to not know coffee is hot?
>
> > The passenger in question was holding the cup between her
> > knees while adding milk and suger. The court found that she
> > was 20% at fault. ie it was a stupid thing to do, but she had
> > no way of foreseeing the consequences.
>
> I would have thought she was at least 99.99% at fault. Holding a cup of
> coffee between your knees in a car? Geez! If you really have to do that, use
> the built-in cup holder.
>
> > You might feel differently about the case after receiving third
> > degree burns to your groin, requiring skin grafts.
>
> I'll try not to be that stupid.
>
> Theo

wot he said, FFS! Next you'll be blaming a bike manufacturer for
selling you a bike that goes over 30 km/h, when you crash at 40! Oh, I
had no idea I'd get gravel rash and a busted collarbone.

donga

 

[cfsmtb]

Returning to topic from caffeine fixation, Matt’s Law Coalition has been created for the following aims:

http://www.prairienet.org/mattslaw/

"Matt's Law Coalition is working to introduce new legislation to provide more serious consequences to distracted drivers who kill people due to careless or negligent use of interactive technology, including cell phones."

Sounds familar doesn't it?

 

[Donga]

cfsmtb wrote:
> Returning to topic from caffeine fixation, Matt's Law Coalition has been
> created for the following aims:
>
> http://www.prairienet.org/mattslaw/
>
> "Matt's Law Coalition is working to introduce new legislation to
> provide more serious consequences to distracted drivers who kill people
> due to careless or negligent use of interactive technology, including
> cell phones."
>
> Sounds familar doesn't it?

Nice, simple, bite-sized concept. Perfect, almost - I'd like to see
removed the exclusive reference to interactive technology - is it any
worse than lighting a cigarette, eating a burger etc? The issue is
doing anything other than driving.


Donga

 

[Theo Bekkers]

cfsmtb wrote:
> Returning to topic from caffeine fixation, Matt's Law Coalition has
> been created for the following aims:
>
> http://www.prairienet.org/mattslaw/
>
> "Matt's Law Coalition is working to introduce new legislation to
> provide more serious consequences to distracted drivers who kill
> people due to careless or negligent use of interactive technology,
> including cell phones."

Passed a cyclist wobbling down a fairly narrow and winding (West Swan Road
for the WA locals) 80km/h road on the way home yesterday. He was on the
mobile, and waving his other hand about, apparently to make a point.

Theo