Thursday, September 12, 2019
Global Law Essay Example | Topics and Well Written Essays - 2500 words
Global Law - Essay Example Her inner thighs, buttocks, perineum, genital areas and groin were severely burned that she had to be admitted for treatment to the hospital for 8 days. While in the hospital for treatment, Liebeck went through skin grafting and debridement treatments. Liebeck filled a claim with McDonalds for $20,000.00, but McDonald refused to pay the said amount so Liebeck brought the case to court. During the discovery proceedings, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992 and a number of these claims were similar to that of Liebeck. The documents presented by McDonalds proved that McDonalds knows about the hazards that its coffee products have on drive-thru costumers. McDonaldsââ¬â¢ quality assurance manager also said that based on the advice of its consultants, the company made it a policy to keep its coffee between 180 and 190 degrees Fahrenheit to keep its taste. This policy stands even though other companies serve their coffee lower temperature and coffee is normally served at home around 135 to 140 degrees. McDonaldsââ¬â¢ quality assurance manager admitted that the company did not evaluate the safety ramifications that this practice may have on the costumers. He also acknowledged the fact that any food items served as 140 degrees or more may cause burning. He also acknowledged the fact that since McDonaldsââ¬â¢ coffee is between 180 and 190 degrees, the coffee is not fit for consumption as it would cause burning on the mount and throat. 2. Issues to be decided by the court a. Whether or not Liebeck is entitled to compensation for the pains and sufferings that she went through after she was burned by the coffee bought from McDonalds. b. Whether or not McDonalds observed proper safety measures to protect its clients from possible harm that its products may cause. 3. Facts Relied Upon by Stella In arguing her case in court, Liebeck relied on the testimonies of a scholar in thermodynamics applie d to human skin burns. According to the expert, 180 degrees, liquids can cause third degree burns in a matter of two to seven seconds. The degree of the damage on human skin reduces exponentially as the temperature of the liquid reduces to 155 degrees and below. If Liebeckââ¬â¢s coffee had been around 155 degrees when it spilled on her lap, she may not suffer serious burns. 4. McDonaldââ¬â¢s Defense McDonald claimed that its costumers buy coffee on their way to work or home with the intention of drinking the coffee once they arrive at their destination. As it is, the coffee would have enough time to cool down along the way so it will not be scalding hot when the costumers get to drink them. Another defense posed by McDonalds is that its costumers know that the coffee they buy from the drive-thru is hot and the costumers want it that way. 5. Court Decision The jury awarded Liebeck $200,000 in compensatory damages and another $2.7 million in punitive damages. The compensatory da mages were later on reduced by the jury to $160,000 since Liebeck was also at fault. The trial court, on the other hand, reduced the punitive damages to $480,000.00. 6. Opinion on the case Awarding both compensatory and punitive damages to Liebeck is only fitting in this case because McDonalds committed gross negligence in doing its job to protect its costumers. However, I do not agree with the juryââ¬â¢
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.