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. In 1992, Stella Liebeck, a 79-year-old woman, ordered coffee from a McDonald’s drive-thru. The main difference is that the coffee spill case was much more disturbing for Liebeck than the pickle burn case. He should run again. Since the car was without cup holders, her grandson parked the car so Stella could add cream, and sugar to her coffee. Morgan offered to settle for $300,000, and a mediator suggested $225,000 just before trial; McDonald's refused both. The goal of the lawsuit was to try to right a wrong. She spent another three weeks recovering at home, where her daughter traveled to take care of her. window.open(url, "_blank"); 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. 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. [11][12], Liebeck was taken to a hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent. Medical Revenue Recovery. 2019-06-10 Back in 1992, 79-year-old Stella Liebeck, from Albuquerque, NM, sued McDonalds for serving coffee that was way too hot. This constituted a breach of their duty to Stella Liebeck, which was the direct and proximate cause of her injuries. 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. McDonalds admitted that its coffee was a hazard at such high temperatures. Since the was was filed, people have pursued hot coffee claims against not just McDonalds but Burger King, Dunkin Donuts, Starbucks, Continental Airlines, and other companies. McDonalds offered Liebeck only $800which did not even cover her medical expenses. That is usually enough time to wipe away the coffee. 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. Theyll do anything to get it.. Select from premium Stella Liebeck of the highest quality. Her grandson parked the car so that Liebeck could add cream and sugar to her coffee. "I was in terrible pain." She went into shock, and her grandson rushed her to the emergency room, where she underwent surgery and received skin grafts. 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. [35], 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. She passed away in 2004, at the age of 91. According to the American Museum of Tort Law, Liebeck suffered third-degree burns on over 16 percent of her body including her inner thighs and genitals. She spilled the coffee, was burned, and a year later, sued McDonald's. The jury awarded her $2.9 million dollars. Liebeck didnt want to go to court. 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! Stella Liebeck spent seven days in the hospital. We can't promise that everything we get will be on the top page of DeviceMAG, but we can assure you that we'll read all emails. , 2013-03-12 So this apparently happened (heard it through phone) and while it sounds dubious at best, he claims it really happened, and asked what he should do, so I'm asking for some suggestions now. ","acceptedAnswer": {"@type": "Answer","text": "To prove negligence, Stella Liebeck had to show that McDonald's had a duty to her, that they breached that duty, and that the breach was the direct and proximate cause of her injuries. Liebeck suffered burns on her inner thighs, perineum, buttocks, and genital and groin areas. 2021-11-17 Stella liebeck of albuquerque, new mexico, was in the passenger seat of her grandson's car when she was severely burned . We are no longer supporting IE (Internet Explorer), 10 scandals that rocked the fast-food industry, things McDonalds employees wont tell you. 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. Reality: People did not realize how seriously they could be burned. On February 27, 1992, Stella Liebeck, a 79-year-old widow, was in the passenger seat of her grandsons Ford Probe ordering a Value Meal at the drive-through window of an Albuquerque, New Mexico, McDonalds. Heres how to remove coffee stains. He has a passion for quality-focused journalism and believes in using technology to make people's lives better. asking for $20,000 but McDonald's declined that settlement. McDonald's had a duty to Stella Liebeck to serve coffee at a temperature that would not cause serious burns. McDonalds only offered $800, leading her to file a lawsuit in 1994. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient. 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 . 0. . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. [37][38] The Specialty Coffee Association of America supports improved packaging methods rather than lowering the temperature at which coffee is served. 113 (October 2001), which describes the accident in detail, Amended Complaint about Damages, Stella LIEBECK, Plaintiff, v. MCDONALD'S RESTAURANTS, P.T.S, Inc. and McDonald's Corporation, Defendants. Medical Revenue Recovery. str = $(this).attr('id'); The jury learned that 700 other peopleincluding childrenhad been burned before, yet the company did not change its policy of keeping coffee at between 180 and 190 degrees. However, it was revealed that they not only directed their employees to serve coffee at a dangerouslhot temperature, but also knew about the risk of serious burns for more than 10 years and did nothing to correct it. The video shows gruesome pictures of the third-degree burns on her groin. A state District Court jury imposed $2.7 million in punitive . Photos were shown of Liebeck's burned skin, and a burn expert, Dr. Charles Baxter ( Southwestern Medical School ), testified that 170-degree coffee would cause second-degree burns within 3.5 seconds of hitting the skin. He walks through some of the actual details of the case: As Conover put it, This was an incredibly rare case where a working-class victim actually beat a huge team of corporate lawyers and made the world a better place.. The plaintiffs argued that Appleton conceded that McDonald's coffee would burn the mouth and throat if consumed when served. [19], 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 commuters who wanted to drive a distance with the coffee; the high initial temperature would keep the coffee hot during the trip. And we thought this was a very small punitive damage.. The lesson here: There are many problems with our justice system, from vast racial disparities to a bail system that excessively punishes the poor. A 2011 documentary, Hot Coffee, explored the actual facts of her case, and the New York Times compiled a detailed investigation in 2013 that debunked certain myths surrounding Liebeck's ordeal . Liebeck was sitting in her car when she spilled a cup of the chains coffee on her lap. Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico bought a cup of coffee from a local McDonald's restaurant (Ralph & Wesley 268). In reality, her grandson was driving, with Liebeck in the passenger seat. Ms. Liebeck’s lawyers argued that McDonald’s was liable for her injuries because they had failed to serve their coffee at a safe temperature. They often require skin grafts to heal properly. 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. McDonald's made the decision to offer coffee at such a high temperature despite being aware of the 700 burn complaints in . To prove negligence, Stella Liebeck had to show that McDonald’s had a duty to her, that they breached that duty, and that the breach was the direct and proximate cause of her injuries. They bought the coffee in the drive-through window and then parked the car. There have also been lawsuits over injuries from other hot liquids. "}}, {"@type": "Question", "name": "On What Theory Did Ms Liebeck's Attorney Base The Lawsuit Upon? "All I remember is trying to get out of the car," Liebeck later explained. Not the logical consequence of a thoughtful trial.. After a lengthy trial, Liebeck was awarded $2.9 million in compensatory damages and $480,000 in punitive damages. The coffee spilled and caused third-degree burns in her pelvic region. "}}, {"@type": "Question", "name": "What Degree Burn Is Coffee? I wanted to take the top off the coffee to put cream and sugar in, Liebeck told a local news station at the time. Stella Liebeck was awarded $3 million in punitive damages Stella Liebeck was awarded $3 million in punitive damages, 2011-04-05 Imagine if paternity tests could be ruled that way. According to news accounts, this amount was less than $500,000. She sued the restaurant chain, and was awarded $2.9 million . McDonald's went on to offer Liebeck a small amount of $800. The woman claimed that an unsecured lid caused steaming hot McDonalds coffee to spill on her right hand, severely burning it. When the case went to trial, the jurors saw graphic photos of Liebecks burns. In the end, all that most people knew about the case came from the headlines and late-night talk shows. Stella Liebeck was a woman who suffered serious burns as a result of coffee that was served to her at an unreasonably high temperature by McDonald’s. Her lawyers believed that McDonald’s was liable to Stella for their negligence, and were able to prove this in court. She was wearing sweatpants, which held the scalding liquid against her skin. That amounted to about two days of revenue for McDonalds coffee sales. The woman submitted photos and medical documents back up her injury claims. Have anything worth reading and writing about it, then why not send us an email to give us more details. Stella Liebeck, a 79 year-old widow, was sitting in her grandson's car at a McDonald's drive through ordering a meal. Woman Sues McDonald's for Coffee Burns, Produces Fake Photos as Proof. So how did the publics view of this case get so warped? Ill say, What if I told you she wasnt driving? and theyll say, Oh, no, she was driving., Ive heard people say she was asking for $30 million or something equally ridiculous, said Liebecks daughter-in-law, Barbara. Oooh, my coffee was too hot. Its coffee! 2013-10-21 Stella Liebeck's lawsuit was turned into a punch-line as the public overlooked critical facts in the case including the nearly 700 other complaints that McDonalds had received about their hot coffee. When you have a more complete summary of the facts, you might. The coffee spilled and caused third-degree burns in her pelvic region. Ms. Liebeck asked for $20,000 from McDonald's to cover her expenses, and the company countered with an offer of $800. But even after that, the myth of the woman who got rich after abusing the court system over spilled coffee persisted. This means that it was very hot and could easily cause burns. Notes. She had to be hospitalized for eight days, and she required skin grafts and other treatment. "}}, {"@type": "Question", "name": "How Many Times Has McDonald's Been Taken To Court? They awarded her $200,000 in compensatory damages. stella liebeck burns photo. Follow FindLaw for Consumers on Facebook and Twitter (@FindLawConsumer). In this case, the restaurant was negligent in heating the coffee to such a high temperature. Lawyers for Stella Liebeck, 81,who suffered third-degree burns in the 1992 incident, contended that McDonald's coffee was too hot. Terms of Service apply. 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. (new Image()).src = 'https://capi.connatix.com/tr/si?token=38cf8a01-c7b4-4a61-a61b-8c0be6528f20&cid=877050e7-52c9-4c33-a20b-d8301a08f96d'; cnxps.cmd.push(function () { cnxps({ playerId: "38cf8a01-c7b4-4a61-a61b-8c0be6528f20" }).render("6ea159e3e44940909b49c98e320201e2"); }); When Liebecks medical bills topped $10,000, she contacted McDonalds and asked to be reimbursed. ALBUQUERQUE, N.M. (AP) _ A woman who was scalded when her McDonald's coffee spilled won a jury award of nearly $2.9 million - or about two days' coffee sales for the fast-food chain. In that case, 79-year-old Stella Liebeck filed suit against McDonald's after a cup of McDonald's coffee, served at a temperature of between 180 and 190 degrees, spilled in her lap. $.ajax({ You've probably cracked jokes about what happened to Liebeck David Letterman did. Inflicted with some minor burns, she sues McDonalds, as if she shouldnt have known that coffee is hot and driving with it in your hand or legs is dangerous. McDonalds apparently knew that this was unsafe. A BWB plane would burn about 20 percent less fuel than conventional planes, and because its engines mount high on the back of the aircraft, it would be an estimated 50 decibels quieter. Plus, it . Instead, their coffee is served at temperatures of around 130 140 degrees. Robert Liebeck, Professor of the Practice of Aerospace Engineering, will receive one of the most prestigious awards in aviation: the Daniel Guggenheim Medal. However, the cup tipped over, pouring scalding hot coffee onto her. Copyright 2022, Thomson Reuters. She went into shock and was hospitalized for a week, undergoing numerous skin graft operations. This is 20 to 30 degrees hotter than the coffee served at most other restaurants. [23] 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. Financial contributions from our readers are a critical part of supporting our resource-intensive work and help us keep our journalism free for all. It turns out. . Basically, Stella told McDonalds, I want you to cover what Medicare doesnt cover, and I want you to get a better lid on that coffee because I dont want this to happen to another person. That was what she was asking for., That message was lost in all the chatter. [11] Lowering the temperature to 160F (71C) would increase the time for the coffee to produce such a burn to 20 seconds. She was initially willing to settle for a payment of her medical bills and lost wages, only moving ahead with a more punitive civil case when the McDonald's corporation offered compensation of a mere $100, according to Consumer Attorneys Of California (CAOC). Liebeck was in the passenger's seat of her grandson's Ford Probe, and her grandson Chris parked the car so that Liebeck could add . McDonalds reps suggested that the blame lay with Liebeck for holding the cup between her legs. "}}, {"@type": "Question", "name": "Why Did Ms Liebeck's Lawyers Believe That McDonalds Was Liable To Ms Liebeck? This caused scalding hot coffee to spill on Liebeck, causing her serious injuries. A new video produced by Retro Reports shows the graphic photos of the third-degree burns that then-79-year-old Liebeck received on her groin, saying that after viewing the physical damage. (To put this in perspective, McDonald’s revenue from coffee sales alone is in excess of $1.3 million a day.). This theory holds that a person or company is responsible for any injuries that are caused by their negligence. 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. Pages 3 Ratings 100% (6) 6 out of 6 people found this document helpful; This preview shows page 1 - 3 out of 3 pages. Plus charts and cats. 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. 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. They often require skin grafts to heal properly. She just wanted McDonalds to pay her medical expenses, estimated at $20,000. (To put this in perspective, McDonald's revenue from coffee sales alone is in excess of $1.3 million a day. ","acceptedAnswer": {"@type": "Answer","text": "Coffee can cause first-degree, second-degree, or even third-degree burns. The McDonald’s coffee was served at a temperature between 180 and 190 degrees Fahrenheit. Through the telling and retelling of the infamous tale, the gist became that 79-year-old Stella Liebeck got burnt by some hot coffee from the fast-food restaurant and sued them. Thought the McDonald's Hot Coffee Spilling Lawsuit was Frivolous? We doubt that Kenneth Wagner, counsel for Liebeck herself, will concede that any coffee served over 140 degrees could result in third-degree burns similar to those sustained by his client. 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. 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? These fast food court cases are ba-da-ba-ba-dumb. 2014-11-11 Nov. 11, 2014 10:32 AM PT. Liebeck settled for less than $600,000. It Changed the Way McDonald's Heats Coffee Forever", "Legal Urban Legends Hold Sway | Tall tales of outrageous jury awards have helped bolster business-led campaigns to overhaul the civil justice system", "Hot Coffee Filmmaker Says Contributions Produce Biased Judges", "The must-watch TV show of the night: 'Hot Coffee' on HBO", "A Matter of Degree: How a Jury Decided that a Coffee Spill is Worth $2.9 Million", "The McDonald's Coffee Cup Case: Separating McFacts From McFiction", "Urban legends and Stella Liebeck and the McDonald's coffee case", "Angelina and Jack McMahon, Plaintiffs-Appellants, v. Bunn-O-Matic Corporation, James River Paper Company, and Wincup Holdings, L.P., Defendants-Appellees", "Bogle & Ors v McDonald's Restaurants Ltd", "Local woman sues National Franchise over coffee", "McDonald's hit with 2 hot-coffee lawsuits", "Family of 3-year-old severely burned at Wawa by hot water gets $3 million settlement", "Child Scalded In Sink To Get $15 Million", "Huntingdon & St Ives latest news - Burger chain sued after boy's ordeal", The Stella Liebeck McDonald's Hot Coffee Case FAQ. Was served at most other restaurants coffee was a warning on the cup... Spilling lawsuit was to try to right a wrong care of her injuries woman submitted photos medical... People 's lives liebeck burn photos numerous skin graft operations Liebeck suffered burns on her right hand, severely it. What she was wearing sweatpants, which was the direct and proximate cause of her,! 'S for coffee burns, Produces Fake photos as Proof was a warning the! 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