Find out some everyday things you do that can get you sued. Much of the coverage about Stella Liebeck has been , 2016-12-16 McDonalds only offered $800, leading her to file a lawsuit in 1994. All rights reserved. Liebeck was ultimately awarded $2.7 million by a jury at trial, but that amount was reduced to $640,000 by the judge. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, [7] Ex-attorney Susan Saladoff sees the portrayal in the media as purposeful misrepresentation due to political and corporate influence. This site is protected by They also presented the jury with expert testimony that 190F (88C) coffee may produce third-degree burns (where skin grafting is necessary) in about three seconds and 180F (82C) coffee may produce such burns in about twelve to fifteen seconds. str = $(this).attr('id'); Liebeck suffered nightmarish injuries, including massive third-degree burns. [7] 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. Morgan offered to settle for $300,000, and a mediator suggested $225,000 just before trial; McDonald's refused both. McDonald’s has attempted to consolidate these lawsuits into a single case, but this effort has been met with resistance from some of the plaintiffs. They bought the coffee in the drive-through window and then parked the car. McDonald's now serves its coffee at a temperature that is 10. The Infamous McDonald's "Hot Coffee" Case The year 1992 went down in history as the year of the infamous "hot coffee" case, a symbol to many Americans of everything wrong with law, after Stella Liebeck was awarded $2.7 millionlater reduced to less than $500,000for her burn injuries. 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. Liebeck v. McDonald's: The Big Burn: With Zachary Green, John Llewellyn, Stella Liebeck, Judy Allen. "All I remember is trying to get out of the car," Liebeck later explained. Daughter of Robert J. Shreeve and Ethel T. Meadows. Search from Stella Liebeck stock photos, pictures and royalty-free images from iStock. 38-year-old Selena Edwards of Victorville, California had claimed that an unsecured lid on a cup of coffee she ordered in a McDonald's drive-through had caused serious burns to her hand, reports the Los Angeles Times. Her family, understandably, was appalled. That meant that the coffee in question was brewed at temperatures that would approximate the temperature in your cars radiator after you drive from your office to home, said one of Liebecks lawyers, Ken Wagner. . The defense countered that the number of complaints was statistically insignificant, given the billions of cups of McDonalds coffee sold annually. [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. The Liebeck vs. McDonald's coffee burn case stands out as a personal injury case because it was the old frail lady going against a giant corporation. But even after that, the myth of the woman who got rich after abusing the court system over spilled coffee persisted. 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. After a long legal battle, Ms. Liebeck was ultimately awarded $2.9 million in compensatory damages and $480,000 in punitive damages. We couldnt believe that this much damage could happen over spilled coffee, Liebecks daughter, Judy Allen, said in Scalded by the Media, a 2013 documentary about the case. August 18, 2017 On Aug. 18, 1994, a New Mexico civil jury awarded 79-year-old Albuquerque, New Mexico, resident Stella Liebeck $2.86 million in compensatory and punitive damages for severe scalding burns she sustained from spilling a 49-cent cup of McDonald's coffee. This coffee was between 180 and 190 degrees. They awarded Liebeck $200,000 in compensatory damages, which was reduced by 20 percent to $160,000. Learn more For example, if the cup was not properly microwaved and it resulted in scalding coffee, you may have a case. She was wearing sweatpants, which held the scalding liquid against her skin. Select from premium Stella Liebeck of the highest quality. [22][39] The New York Times noted how the details of Liebeck's story lost length and context as it was reported worldwide. And Liebeck became the chum feeding the ensuing media frenzy: Ive been thinking of quitting work here and suing big companies for a living instead. 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. ","acceptedAnswer": {"@type": "Answer","text": "The jury awarded Liebeck $200,000 in compensatory damages -- reduced to $160,000 because the jury found her 20 percent at fault -- and $2.7 million in punitive damages for McDonald's callous conduct. After receiving the coffee, she placed it between her legs while she attempted to remove the lid. $('.h-btn').on('click', function(e) { 0. . The photos of Liebeck burnt skin were introduced and a renowned burn specialist testified that coffee at 170 degrees would cause second degree burns within 3.5 seconds of hitting the skin. Ms. Liebeck suffered third degree burns to her skin over 16% of her body, was hospitalized for eight days, and required medical treatment for two full years following the accident. A large portion of the film covered Liebeck's lawsuit. She was hospitalized for eight days while undergoing skin grafting, followed by two years of medical treatment. Stella Liebeck was a 79-year-old woman in Albuquerque, New Mexico, whose grandson drove her to McDonalds in 1992. McDonalds had received more than 700 complaints about burns from hot beverages over the previous ten-year period. But the facts of the case tell a very different story. newsletter. This caused scalding hot coffee to spill on Liebeck, causing her serious injuries. Im a nurse, and I was horrified by the type of injuries that she had sustained, said Liebecks daughter-in-law, Barbara Liebeck. Select from premium Liebeck of the highest quality. Each week, we explore unique solutions to some of the world's biggest problems. But what really happened in the case of Liebeck v. McDonald's? Lawyers for Stella Liebeck, 81,who suffered third-degree burns in the 1992 incident, contended that McDonald's coffee was too hot. Her grandson parked the car to allow Mrs. Liebeck to add cream and sugar to her coffee. 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. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. When the case went to trial, the jurors saw graphic photos of Liebecks burns. Children’s drinks are typically served at 130 degrees. The coffee spilled and caused third-degree burns in her pelvic region. Ct. October 5, 1993), Punitive Damages in Louisiana: A Year of Controversy, Last edited on 26 February 2023, at 20:48, U.S. District Court for the District of New Mexico, "Remember the Hot Coffee Lawsuit? They extend through the skin and into the underlying tissue, causing extensive damage. In 1992, Stella Liebeck spilled scalding McDonald's coffee in her lap and later sued the company, attracting a flood of negative attention. She spent eight straight days in the hospital, undergoing skin grafting, and then needed further medical care for the following two years. The Truth About Stella Liebeck. 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. Third-degree burns involve all layers of the skin and sometimes even the muscles, tendons, and bones below. Retro Report examines the case of Stella Liebeck who was severely burned by a cup of scalding hot McDonald's coffee and successfully sued the fast food restaurant for several million dollars. 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 . The total for the two boxes was $12.18, before tax, to . Liebeck, 79 years old at the time of the incident, was injured when her grandson stopped so that she could add cream and sugar to the coffee. In 1992, Stella Liebeck, a 79 year old woman from Albuquerque, New Mexico, sued McDonald's after she sustained third-degree burns on her thighs, buttocks, and groin when she accidentally. McDonalds offered Liebeck only $800which did not even cover her medical expenses. 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. 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. Find the facts of the hot coffee lawsuit interesting? McDonald's made the decision to offer coffee at such a high temperature despite being aware of the 700 burn complaints in . First-degree burns are the least severe and only involve the outer layer of skin. Liebecks story, like many personal injury lawsuits, got started because of one persons injuries but revealed a larger pattern of corporate behavior that put consumers at unreasonable risk. She had to be hospitalized for eight days, and she required skin grafts and other treatment. ","acceptedAnswer": {"@type": "Answer","text": "Stella Liebeck had third-degree burns, which are the most serious kind. Liebeck was awarded. She placed the cup of coffee between her legs and attempted to remove the lid. You've probably cracked jokes about what happened to Liebeck David Letterman did. 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". Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. 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. This theory holds that a person or company is responsible for any injuries that are caused by their negligence. She passed away in 2004, at the age of 91. Moreover, the Shriner's Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily causing serious scald burns by serving beverages above 130 degrees Fahrenheit. 2021-11-17 Stella liebeck of albuquerque, new mexico, was in the passenger seat of her grandson's car when she was severely burned . 15 Facts About The Smartest Fortnite Players, ITunes Account Login Troubleshooting Guide, The Office Depot Return Policy in a Nutshell, My Block Account: Everything You Need to Know, Mindspring Email All You Need To Know About It, Genshin Impact Breaking The Final Seal Explained. Her recovery lasted two years. Robert H. Liebeck's contributions to wing design and the design of airplanes from high-altitude aircraft to subsonic transports impact many forms of air transportation today. Suing has become a popular American pastime, and Id like to get in on some of that easy money.CBS News correspondent Andy Rooney, Every minute they waste on this frivolous lawsuit, theyre not able to waste on other frivolous lawsuits! If you don't believe it, you can run a Google image search for "Stella Liebeck burn photos". She just wanted McDonalds to pay her medical expenses, estimated at $20,000. [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. McDonald's current policy is to serve coffee at 176194F (8090C),[37] relying on more sternly worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee. Find Liebeck stock photos and editorial news pictures from Getty Images. This theory holds that a person or company is responsible for any injuries that are caused by their negligence. She spilled the coffee, was burned, and a year later, sued McDonald's. The jury awarded her $2.9 million dollars. In 1992, Stella Liebeck, a 79 year old woman from Albuquerque, New Mexico, sued McDonald’s after she sustained third-degree burns on her thighs, buttocks, and groin when she accidentally spilled coffee on herself. The amount was later reduced to about $650,000, which was further lowered to about $500,000. She was in a parked car when the coffee spilled. 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. 2013-10-18 Liebeck V. McDonalds: The Big Burn. 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 . This means that it was very hot and could easily cause burns. 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. Stella shad sustained incredibly gruesome third-degree burns on her legs, lap, and groin. "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). Some news reports had the facts wrong: They said she was driving while she spilled the coffee. The general facts of the case. More than 20 years ago, 79-year-old Stella Liebeck ordered coffee at a McDonald's drive-through in Albuquerque, N.M. She spilled the coffee, was burned, and one year later, sued McDonald's. At this temperature, spilled coffee causes third degree burns in less than three seconds. The coffee that Ms. Liebeck spilled was extremely hot between 180 to 190 degrees Fahrenheit and caused severe burns on her skin. 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 as much as $500,000. Liebeck is New Mexico woman who sued McDonald's after she was burned by a cup of coffee. In 2011, trial lawyer Susan Saladoff made a documentary, Hot Coffee, that exposed the true story and corrected some of the public perception of the case. She had third degree burns on 6% of her body; the pictures of her injuries are shocking. This amounted to about $2,000 plus her daughter's lost wages. Their point seemed to turn off jurors. LIEBECK V. MCDONALDS RESTAURANTS CASE STUDY LIEBECK V. MCDONALDS RESTAURANTS Stella Liebecks burn injury, 2021-01-13 Stella Liebeck hadnt just ruined her pantsshed suffered third-degree burns that kept her in the hospital for a week and required medical attention for another two years. McDonald's responded with a letter offering $800. 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. "}}, {"@type": "Question", "name": "Can You Sue For Hot Coffee? Retro Report. (adsbygoogle = window.adsbygoogle || []).push({}); function react(obj,id, value) { McDonald's had a duty to Stella Liebeck to serve coffee at a temperature that would not cause serious burns. How Do I Get My Boost Account Number And PIN? Search for Stella Liebeck photos and over 100 million other current images and stock photos at IMAGO. 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