Just the Facts: The McDonalds Coffee Case
No one is in favor of frivolous cases or outlandish results; however, it is
important to understand some points that were not reported in most of the
stories about the McDonalds Coffee Case. McDonalds coffee was not only hot, it
was scalding - capable of almost instantaneous destruction of skin, flesh and
muscle. Here is the whole story.
McDonalds kept its coffee at between 180 and 190 degrees Fahrenheit. McDonalds
admitted that they had not evaluated the safety ramifications at this
temperature. Other establishments sell coffee at substantially lower
temperatures, and coffee served at home is generally 135 to 140 degrees.
McDonalds produced documents showing more than 700 claims by people burned by
its coffee between 1982 and 1992. Some claims involved third-degree burns
substantially similar to the Plaintiff's. The history documented McDonalds'
knowledge about the extent and nature of this hazard created by its coffee.
McDonalds also knew that customers intend to consume the coffee immediately.
McDonalds' quality assurance manager testified that a burn hazard exists with
any food substance served at 140 degrees or above, and the McDonalds 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. The quality assurance
manager admitted that burns would occur, but testified that McDonalds had no
intention of reducing the "holding temperature" of its coffee.
Plaintiff's expert, a scholar in thermodynamics as applied to human skin burns,
testified that liquids, at 180 degrees, will cause a full thickness burn to
human skin in two to seven seconds. Other testimony showed that as the
temperature decreases toward 155 degrees, the extent of the burn relative to
that temperature decreases exponentially. Thus if the spill had involved coffee
at 155 degrees, the liquid would have cooled and avoided a serious burn.
The plaintiff, Stella Liebeck of Albuquerque, New Mexico, was in the passenger
seat of her grandson's car when she was severely burned by McDonalds coffee.
After receiving the order, the grandson pulled his car forward and stopped
momentarily so that Liebeck could add cream and sugar to her coffee. Liebeck
placed the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled into her
lap. The car was not moving and she was not driving.
A vascular surgeon determined that Liebeck suffered full thickness burns (or
third-degree burns) over 6 percent of her body, including her inner thighs,
perineum, buttocks, genital and groin areas. She was hospitalized for eight days,
during which time she underwent skin grafting. Liebeck, who also underwent
debridement treatments, sought to settle her claim for $20,000, but McDonalds
refused.
The jury awarded Liebeck $200,000 in compensatory damages. This amount was
reduced to $160,000 because the jury found Lieback 20 percent at fault in the
spill. The jury also awarded Libeck $2.7 million in punitive damages, which
equals about two days of McDonalds coffee sales.
This trial judge subsequently reduced the punitive award to $480,000 even though
the judge called McDonalds' conduct reckless, callous and willful.
No one will ever know the final ending to this case because the parties
eventually entered into a secret settlement which has never been revealed to the
public, despite the fact that this case was litigated in public and subjected to
extensive media reporting. Now, however, you know the facts.
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who is familiar with all the facts and circumstances of a particular, specific
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