What was the settlement for the McDonald's case?
Liebeck sought to settle with McDonald's for $20,000 to cover her medical expenses. Her attorneys argued that, at 180–190 °F (82–88 °C), McDonald's coffee was defective, claiming it was too hot and more likely to cause serious injury than coffee served at any other establishment.
What is the truth about the McDonald’s coffee lawsuit?
- Coffee Affection What’s the Truth About the McDonald’s Coffee Lawsuit? The 1992 case is known as the McDonald’s coffee lawsuit. This event was where an elderly woman, Stella Liebeck, spilled hot coffee from McDonald’s on herself. Liebeck tried to make it seem like the incident was the fast-food chain’s fault because their coffee is made too hot.
How much punitive damages will McDonald’s pay in a lawsuit?
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. “The only way you can get the attention of a big company [is] to make punitive damages against them,” said juror Marjorie Getman.
What was the outcome of Liebeck v McDonald's restaurants?
Liebeck v. McDonald's Restaurants. 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,...
How much money did the Mcdonalds coffee woman get?
And there's a good chance everything you know about it is wrong. 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 much did McDonald's pay liebeck?
McDonald's offered Liebeck only $800—which did not even cover her medical expenses. When the case went to trial, the jurors saw graphic photos of Liebeck's burns.
How hot was McDonald's coffee before the lawsuit?
Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin. The coffee was heated to somewhere between 180 to 190 degrees. Thus begain the story of the infamous McDonald's hot coffee case.
What really happened in the McDonald's hot coffee case?
What she took issue with was that the coffee was so ridiculously hot — at up to 190 degrees Fahrenheit, near boiling point — that it caused third-degree burns on her legs and genitals, nearly killing her and requiring extensive surgery to treat. McDonald's apparently knew that this was unsafe.
Can you sue for spilling hot coffee?
Whether you spilled a steaming hot cup of coffee at a restaurant or purchased it to consume at home, you may file a legal action for injuries if the cup was defective.
What happened to the McDonald's coffee lady?
The plaintiff, Stella Liebeck (1912-2004), a 79-year-old woman, suffered third-degree burns in her pelvic region when she accidentally spilled coffee in her lap after purchasing it from a McDonald's restaurant....Liebeck v. McDonald's RestaurantsDecidedAugust 18, 19944 more rows
What temperature was the mcdonalds coffee?
between 180 and 190 degrees FahrenheitCompany 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.
How much did the lady Sue McDonald's for?
The “McDonald's coffee” case. We have all heard it: a woman spills McDonald's coffee, sues and gets $3 million. Here are the facts of this widely misreported and misunderstood case: Stella Liebeck, 79 years old, was sitting in the passenger seat of her grandson's car having purchased a cup of McDonald's coffee.
How hot is too hot coffee?
Abstract. Hot beverages such as tea, hot chocolate, and coffee are frequently served at temperatures between 160 degrees F (71.1 degrees C) and 185 degrees F (85 degrees C). Brief exposures to liquids in this temperature range can cause significant scald burns.
What temp is hot coffee?
According to the National Coffee Association of the USA — which many large companies in the food and beverage industry listen to — coffee should be served at around 180–185°F (5), not much lower than the standard brew temperature.
At what temperature do you get 3rd degree burns?
Most adults will suffer third-degree burns if exposed to 150 degree water for two seconds. Burns will also occur with a six-second exposure to 140 degree water or with a thirty second exposure to 130 degree water. Even if the temperature is 120 degrees, a five minute exposure could result in third-degree burns.
What is the temperature of a cup of coffee?
between 155ºF and 175ºFThanks! ANSWER: Coffee is best served at a temperature between 155ºF and 175ºF (70ºC to 80ºC). Most people prefer it towards the higher end, at about 175ºF.
How much did Liebeck settle for McDonald's?
Liebeck sought to settle her claim for only $20,000, but McDonald’s still refused. A mediator later recommended that the parties settle for $225,000. Again, McDonald’s refused and the case went to trial.
How Much Did the McDonald’s Hot Coffee Jury Award?
The jury awarded Liebeck $200,000 in compensatory damages but reduced this amount to $160,000 because they found her 20 percent at fault for spilling the coffee (not because she was driving a car).
How Did McDonald’s Hot Coffee Burn Stella Liebeck?
Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drive-through window of a McDonald’s.
How much did Stella Liebeck get paid for McDonald's?
What’s the McDonald’s hot coffee lawsuit payout? It was reported that Stella Liebeck received less than $600,000. The judge reduced the amount to $640,000, but McDonald’s threatened to file an appeal and the case was settled for less than the reduced verdict.
What temperature is McDonald's coffee?
McDonald’s quality assurance manager testified that the company actively enforced a requirement that coffee is held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above and that McDonald’s coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat.
How hot is McDonald's coffee?
At the time of the McDonald’s hot coffee lawsuit, McDonald’s coffee was served at approximately 185° – almost 30° hotter than necessary to cause a serious burn in one second.
How much should an attorney receive if she has 1/3 attorney fees?
From that amount, attorney’s fees and case expenses are deducted. Assuming a 1/3 attorney’s fee, she should receive $426,666 less case expenses which could have easily been $30,000-$40,000. If case expenses were $30,000, she should have received $396,666.
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.
How much money did Liebeck get?
She was given $160,000 dollars for compensatory damages and $2.7 million in punitive damages . After this, Liebeck became famous around the world. Every media outlet was debating her case as some thought this was a plan for her to get rich of a big corporation. Her life although much better with so much money, wasn’t very fun as she was getting death threats right on her doorstep. People screaming that she does not deserve the money.
How long does it take to wipe coffee?
The idea is that at 88 °C (190 °F), you would have 3 seconds to wipe the coffee before it causes 3rd-degree burns. At 54°C (135°F) You have almost a full minute. I believe that this is more of a case where people simply need to be more careful with hot stuff rather than changing the temperature consumed on a daily basis by millions of people around the world that somehow manage to not spill their coffee.
What happens if you drink hot coffee and see steam coming out of the cup?
From a more logical perspective, if you get a hot drink and you see steam coming out of the cup, you wait until it cools down. Liebeck spilling the drink was pretty much her fault, this could have happened with a homemade coffee, but it would not surprise me to see her suing the maker of the coffee maker or even the maker of the cup.
Why did the jury decide to punish McDonald's?
The jury arrived at that number because it was roughly the equivalent of two days worth of McDonald’s coffee profits.
What temperature does McDonald's sell coffee at?
Pursuant to corporate mandate, McDonald’s sold their coffee at surface-of-the-sun temperatures, 180-190 degrees. At that super-heated temperature, a spilled liquid is capable of causing full thickness burns in 2-7 seconds.
What is Stella Liebeck's role in the McDonald's case?
These are the “facts” of the infamous case of Liebeck v. McDonald’s. Stella Liebeck is to tort reform, what Michael Jordan is to basketball. She embodies and symbolizes the Frivolous Lawsuit, The Runaway Jury, The Over-Litigiousness of America, Jackpot Justice, and everything that is wrong with the civil justice system.
How much did Stella get in punitive damages?
The jury also awarded $2.7 million in punitive damages. In her complaint, Stella asked for a measure of punitive damages equal to 3 times the amount of her total economic and non-economic damages, which translated into roughly $600,000 based on the jury’s verdict. Obviously, the jury awarded more.
How much did Liebeck get in damages?
At the end of the day, the jury awarded Liebeck $200,000 in compensatory damages, which the judge reduced to $160,000 in accordance with the jury’s finding that she was 20% at fault. McDonald’s demanded a retrial, claiming that the verdict was improper.
Does McDonald's share responsibility for Stella's injury?
Clearly McDonald’s and Stella both share responsibility for this injury. Now what? This type of situation is extremely common and not new to the law. In the United States there are two doctrines regarding shared liability between the plaintiff and the defendant. There are 5 jurisdictions, known as contributory fault jurisdictions, where a plaintiff is barred from recovering any money if they are even 1% at fault (Alabama, Washington D.C., Maryland, North Carolina, and Virginia.)
Is McDonald's coffee dangerous?
But it wasn’t beyond the experience of the largest, most sophisticated, coffee seller in the United States. McDonald’s knew about the risks posed by its coffee for more than a decade before Stella’s injury. It was brought to the company’s attention by other lawsuits and more than 700 reported claims, many of which involved 3rd degree burns similar to Stella’s. McDonald’s had notice that their coffee was dangerous, but they didn’t care.
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.
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.
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.
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 McDonald's pay in punitive damages?
The jury then also awarded $2.7 million in punitive damages against McDonald’s because they knew their coffee was dangerously hot and they served it like that anyway because it “tasted better.”. The judge then reduced this award to $480,000. McDonald’s appealed and eventually the case settled for an undisclosed amount.
Why is McDonald's coffee not fit for consumption?
McDonald’s knew that their coffee was “not fit for consumption” at the temperature it was served because it caused third-degree burns within 3-7 seconds of contact with the skin. In the ten years prior to this accident they had 700 complaints of burns from their coffee, including complaints of burns to children and infants from accidental spills.
Why did Stella put her coffee between her knees?
Stella placed the coffee between her knees so she could use both hands to open the lid and add her sugar.
How much did Stella Liebeck get for her burns?
Stella Liebeck was awarded only $200,000 for her serious, third-degree burns, and then the judge reduced that award to $160,000. Even the punitive damages award, which resulted from exceptionally callous behavior on the part of McDonald’s, was reduced by the court to a number decidedly below $1 million. Courts very frequently reduce large jury awards, but the newspapers don’t report that information.
How much did Stella get paid for her injuries?
Fact: Stella offered to settle her case for $20,000, but McDonald’s refused her offer. Myth: She got a Million Dollars! Fact: The jury awarded Stella $200,000 for her injuries, which the judge reduced to $160,000 because Stella was 20% at fault for her accident.
How hot is McDonald's coffee?
Everyone serves hot coffee! Fact: McDonald’s didn’t just serve their coffee hot– their operations manual required that is be served between 180 and 190 degrees; 30-40 degrees hotter than other coffee-serving restaurants in the area.
Who was the woman who drove through McDonald's?
Myth: A middle-aged lady drove herself through the McDonald’s drive-through. She bought a cup of coffee, put it between her legs and drove off. While driving, the lid popped off and spilled coffee on her lap. Fact: Stella Liebeck, the so-called “McDonald’s lady,” was 79 years old at the time of this accident.
How many complaints did McDonald's get before Liebeck's incident?
More damning, though, was McDonald’s own testimony. The company admitted that in the decade before Liebeck’s incident, upwards of 700 customers had filed complaints about its coffee causing burns. McDonald’s argued that the 700 complaints were only one for every 24 million cups of coffee sold, though, so the danger was statistically insignificant.
When did Liebeck vs McDonald's happen?
Let’s take a look at 1994’s Liebeck v. McDonald’s Restaurants. The world’s most infamous cup of coffee spilled on February 27, 1992 in Albuquerque, NM. Stella Liebeck, a 79-year-old grandmother, was a passenger in her grandson’s car when they drove through at a McDonald’s, and after she received her styrofoam cup of joe her grandson pulled ...
How much did the jury award Liebeck?
The jurors only needed four hours of deliberation to arrive at their infamous verdict. The jury awarded Liebeck $200,000 in compensatory damages but dropped this sum to $160,000 since it felt Liebeck was 20-percent at fault for her accident.
Did Liebeck hear cash registers ringing after she was injured?
It’s also worth noting, though, Liebeck apparently didn’t hear cash registers ringing immediately after she suffered the injuries. Liebeck had rung up around $11,000 in medical bills as a result of the accident, and she initially approached McDonald’s asking for $20,000 to cover her medical bills, future medical expenses, and lost income.
Did McDonald's settle the Liebeck case?
The mediator advised McDonald’s to settle for $225,000. McDonald’s – you may see a pattern emerging here – again scoffed at opening its coffers. Instead, the case went before a jury.
Was there a hot coffee lawsuit?
Although the particulars of the case have been repeated so often that it has be gun to sound like an urban legend, there really was a “hot coffee lawsuit.” How well do people remember the facts of the case that’s often used as the epitome of out-of-control litigiousness? Let’s take a look at 1994’s Liebeck v. McDonald’s Restaurants.
Does McDonald's serve coffee?
McDonald’s now serve s its coffee in a lower temperature range, and the warnings about the dangers of hot liquids seem to grow continuously. Liebeck died in 2004 at the age of 91, three years before McDonald’s added iced coffee to its menu. FACEBOOK 0.
Overview
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 (1912-2004), a 79-year-old woman, suffered third-degree burns in her pelvic region when she accidentally spilled coffee in her lap after purchasing it from a McDonald'…
Burn incident
Stella May Liebeck was born in Norwich, England, on December 14, 1912; she was 81 at the time of her lawsuit. On February 27, 1992, Liebeck ordered a 49-cent cup of coffee from the drive-through window of an Albuquerque McDonald's restaurant 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 park…
Trial
The Liebeck case trial took place from August 8 to 17, 1994, before New Mexico District Court Judge Robert H. Scott. 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 ev…
Aftermath
The Liebeck case is cited by some as an example of frivolous litigation. ABC News called the case "the poster child of excessive lawsuits". Legal commentator Jonathan Turley called it "a meaningful and worthy lawsuit". McDonald's asserts that the outcome of the case was a fluke, and attributed the loss to poor communications and strategy by an unfamiliar insurer representing a franchise. Liebeck's attorney, Reed Morgan, and the Association of Trial Lawyers of America defended the r…
See also
• McDonald's legal cases
• Compensation culture
• "The Postponement" and "The Maestro", Seinfeld episodes which include a parody of the case
Further reading
• Rutherford, Denney G. (1998). "Lessons from Liebeck: QSRs Cool the Coffee". Cornell Hotel and Restaurant Administration Quarterly. 39 (3): 72–75. doi:10.1177/001088049803900314. ISSN 0010-8804. 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. doi:10.1016/S0010-8804(02)80018-0. ISSN 0010 …
• Rutherford, Denney G. (1998). "Lessons from Liebeck: QSRs Cool the Coffee". Cornell Hotel and Restaurant Administration Quarterly. 39 (3): 72–75. doi:10.1177/001088049803900314. ISSN 0010-8804. 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. doi:10.1016/S0010-8804(02)80018-0. 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