...Consumers Injured by Hot Coffee Can Seek Recovery Zachary Rami Follow this and additional works at: http://lawecommons.luc.edu/lclr Part of the Consumer Protection Law Commons Recommended Citation Zachary Rami Courts Split as to Whether Consumers Injured by Hot Coffee Can Seek Recovery, 10 Loy. Consumer L. Rev. 310 (1998). Available at: http://lawecommons.luc.edu/lclr/vol10/iss4/6 This Case Note is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola Consumer Law Review by an authorized administrator of LAW eCommons. For more information, please contact cklink@luc.edu. CASE NOTES Courts split as to whether consumers injured by hot coffee can seek recovery by Zachary Rami Common sense, coffee and consumers clashed recently in McMahon v. Bunn-O-Matic,l wherein the Seventh Circuit Court of Appeals held that a coffee maker manufacturer did not have a duty to warn consumers that its coffee would be served at 180 degrees, and that the coffee maker was not defectively designed. The decision, which affirmed a lower court's entry of summary judgment in favor of the coffee maker manufacturer, is consistent with a majority of courts, which have held in recent years that such claims leave no issue of material fact for trial.' However, not every jurisdiction has routinely dismissed these "coffee" cases. In fact, McMahon referred to Nadel v. Burger King,3 which held that a products liability claim for excessively hot coffee was appropriate for...
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...After watching the documentary Hot Coffee, my eyes where open to many different things. Before watching the film I assumed that the entire documentary would be about the case of Liebeck v. McDonald’s Rests., No. CV-93-02419, 1995. There is many misconceptions about the case, many people believe that she just spilt hot coffee on herself. In reality, Libeck suffered serious burns that required many surgeries that cost a lot of money. The movie described how this case has been misused to describe frivolous lawsuits and referenced in conjunction with tort reforms. There where a few different cases discussed, such as Gourley v. Neb. Methodist Health Sys., 663 N.W.2d 43 (Neb. 2003). This case talked about the damages in medical malpractice which caused the plaintiffs son to be born with mental disorders....
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...giant fast-food company’s operations management strategy. This paper will discuss some deficiencies in the decisions of operations management i.e. product design and managing quality as detailed in McDonalds’ Hot Coffee Case. Products design: Among thousands of competitors on the increasingly saturate fast-food market, it is product strategy that mainly contributes to the competitive ability of a company like McDonalds. The core of product strategy is product development system. Therefore, it is reasonable to say: “The product development system may well determine not only product success but also the firm’s failure” (Heizer and Render, 2011, p.190). Going through product development stages figured as follows will help evaluate product options of McDonalds in developing the hot coffee product. Figure 1: Product development stages According to Figure 1 (adapted from Heizer and Render, 2011, Figure 5.3), initially ideas from many sources had been gathered and the ability of the company to carry out the ideas had been considered. The specific idea in McDonalds’ project was serving coffee at drive-thru windows. Then, the product development team started their work with identifying customer requirements i.e. quickly being served with no need to park the car, coffee with delicious taste, and safely enjoying it during driving process. After that, the above mentioned requirements...
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...The documentary we had to watch for this week’s discussion called “Hot Coffee” directed by Susan Saladoff was mind-blowing. The movie talks about 4 different cases; the first one being the public relations campaign which was about a 79-year-old woman who got burnt by the coffee sold at McDonald’s. Everyone thought she was money hungry and filed this lawsuit to make millions of dollars, people even assumed she spilled the coffee on herself to make a lawsuit out of it. The second case was on caps on damages, which means that there was a limit to the awards a plaintiff can receive from damages. This talks about a mother who was pregnant with twins and the OB/GYN failed to notice one baby was not getting the nutrients and was used for malpractice....
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...The phrase caveat emptor means “let the buyer beware.” Essentially, this is a doctrine that a consumer purchases an item or service at their own risk. The only way this risk is nulled is if a warranty is given by the business or person selling the product or service. A consumer has absolute right to freely choose what they want to purchase and therefore are expected to take responsibility and accept the risks that the product or service they are purchasing may be defective or unsuitable. During the transaction, the responsibility of the product or service is transferred from the seller to the consumer’s in its entirety. In reviewing the case study “Hot Coffee” within the textbook, we are brought back to the caveat emptor doctrine. Following...
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...MarketLine Case Study McDonald’s Corporation Case Study Remaining relevant in a health conscious society Reference Code: ML00001-040 Publication Date: January 2012 WWW.MARKETLINEINFO.COM MARKETLINE. THIS PROFILE IS A LICENSED PRODUCT AND IS NOT TO BE PHOTOCOPIED MCDONALD’S CORPORATION CASE STUDY © MARKETLINE THIS PROFILE IS A LICENSED PRODUCT AND IS NOT TO BE PHOTOCOPIED ML00001-040/Published 01/2012 Page | 1 OVERVIEW Catalyst McDonald's Corporation is one of the world's largest foodservice retailing chains. The company is primarily known for its burgers and fries, which it sells through more than 32,000 restaurants in 117 countries. In 2010, the company served an average of 64 million customers per day. It primarily operates in Europe, Asia Pacific, and the Americas. The company is headquartered in Oak Brook, Illinois and employs about 400,000 people. McDonald’s has been able to successfully increase revenues and profits in recent years in spite of much negative publicity and an increasingly health conscious public. This case study shows how the company has achieved these goals in a difficult trading environment. Summary McDonald’s has, to a great extent, defied recent difficult economic conditions and continued to experience strong sales and profit growth in recent years, as it has been able to attract diners with an improved and expanded product range while remaining competitive on price. McDonald’s has been the target of much criticism in recent...
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...DANTES Subject Standardized Tests (DSST) provide another option for students to demonstrate competencies for learning in nontraditional ways. Originally designed for military service members, DSST examinations are now available to both military and civilian learners. More information on study guides and examination options is available at http://www.getcollegecredit. com. Typing Work at Home Make $47/hr Working From Home Apply Today, Get Hired Tomorrow! dailyobserver.net List of unrecognized higher education accreditation organizations http://en.wikipedia.org/wiki/List_of_unrecognized_accreditation_associations_of_higher_learning Accreditation generally means that a school, university or program has been evaluated by an independent group, and meets that accrediting agency's educational standards. However the process is VOLUNTARY and it is not "necessary" to operate as often smaller programs simply cannot afford the cost of such an ongoing review process. In an effort to keep program cost down and the current motivational based format, BU has not sought nor been approved by the US DOE, CHEA or DETC organizations and does not represent itself to be an accredited program of any of these organizations. BU incorporates an internal review or self-auditing approach to assure consistent standards that include but are not limited to: Comments From Belford university Wilmington National University International Commission for Accreditation of Distance Education...
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...McDonald’s is known for its fast-food and joy that it brings to children with its Happy Meals. However, in the Liebeck v. McDonald’s Restaurant case, McDonald’s was known as an inconsiderate corporate giant whose nonchalance cost McDonald’s nearly $3 million. Liebeck v. McDonald’s Restaurant is a case that was a media train in the 1990s and misconceptions about the case filled the airways. Case Overview Why should your favorite quick service restaurant be responsible for serving your favorite breakfast beverage, coffee, just how you like it? Liebeck v. McDonald’s Restaurant involved a then 79 year-old, Stella Liebeck, who purchased a cup of coffee from a McDonald’s located in Albuquerque, New Mexico, in 1992 (“McDonald’s,” 2002). “Liebeck tried to hold the cup of coffee between her knees while removing the lid; however, the cup tipped over and the hot coffee burned her.” While there has been speculation that Mrs. Liebeck was driving the car at the time the coffee spilled on her; however, that was not true at all (“Actual Facts,” 1995 - 2013). These reports were used to dramatize the case and deem it as a frivolous lawsuit. Mrs. Liebeck’s grandson was the driver on the day of this incident, and when Mrs. Liebeck attempted to...
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...adverse to the nonmoving party. The summary judgment was granted because the injuries were a result of causes attributable to Paul and Evelyn rather than Burger King. 3. The facts of this case are that Paul Nadal was driving his son Christopher and his two daughters to school. Paul’s mother Evelyn was in the passenger seat, while Christopher sat in the front between Evelyn and Paul. On the way to school they visited the drive-through window of a Burger King owned by Emil. One of the orders was two cups of coffee, which were served with fitted lids and served through the car window. Evelyn claims to have tasted one cup of coffee and found it to be too hot and that the lid jiggled a bit causing some coffee to spill and burn her leg. She closed the coffee lid’s flap and either placed the tray of coffee on the floor or on the dashboard. As Paul was driving away and made a left turn Christopher exclaimed that his foot was burned at which point it was noted that a cup of coffee had spilled onto Christopher’s right foot which was then treated for second-degree burns. 4. This was not a case of negligent infliction of emotional distress as there was not strong evidence for any emotional distress from the incident. The statement found the grandmother to be worried and that the father had this incident occur during...
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...movant has the burden to demonstrate that no genuine issue of material fact remains to be litigated; that is entitled to judgment as a matter of law, and that it appears from the evidence, when viewed most strongly in favor of the nonmoving party, that reasonable minds can come to but tone conclusion and that conclusion is adverse to the non-moving party. The movant in this case would be the Nadel family. Nadel v. Burger King Corp., 1997 WL 266762 (Ct. App, 1st Dist., Ohio) 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) Answer: The Christopher Nadel, the child was suffered severe burns by the hot coffee; spilled coffee is a forseeable circumstance from going through a drive through. It was undetermined if temperature the coffee was served at was too hot. It was determined there was no breach of warranty, there was not adequate warning about the product and there was no negligence as far as the...
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...external environmental analysis. After a discussion, our group decided to open a company in the beverage industry as we are passionate about coffee. We spent two weeks doing our respective research before finalizing on the name of our company as well as the management functions. The three parts of this assignment was split equally among the five of us. Through this assignment, we have gotten a better grasp of the four functions of business management. 3.0 Introduction- background of the company Hot & Cold Company is a newly launched coffee company in beverage industry. Currently, we have a café that sells beverages and light food. It is a partnership between Quek Li-Ann, Wong Jing Yee, Lim Cheng Ching, Nasirah bt. Hakim and Goh Kar Yun. All five of us are passionate for coffee. Thus, we decided to turn our passion into a money-making business. The company is named as ‘Hot & Cold’ as both hot and cold coffees are delicious in their own ways. We want to offer our customers the best of both worlds. Our target market are students and working people as our company can provide leisure time for them to relax and improve their relationships among partners and friends. 4.0 4.1 Planning The planning of the company will be setting out the vision and mission. The mission of our company is to provide our consumers with specially brewed coffee at a reasonable price. We will provide a clean and comfortable environment inclusive of a close and detailed service to let our customers...
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...the total amount and change. Requirements: 1. Name the Coffee Shop (include a picture of your coffee shop) 2. Include pictures of coffee enumerated 3. Input all the necessary information about the coffee products |Category |Type of Order |Description |Size |Price in pesos | |HOT |Coffee Americano |Style of coffee prepared by adding hot water |Small |120 | | | |to espresso, giving a similar strength to but| | | | | |different flavor from regular drip coffee. | | | | | | |Medium |145 | | | | |Large |178 | | |Decaf |Beverage made with decaffeinated beans. |Medium |88 | | | | |Large |120 | | |Coffee milk |Drink similar to chocolate milk; however, ...
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...What is your first impression? In the early nineties, Stella Liebeck won a 2.7 million dollar lawsuit for spilling coffee in her lap. This article will reveal the facts, issues, laws, and affects about this case. Many believe that our legal system is out of control. What do you think about this news story? After reading this article you will be a more informed citizen about this case and you will think twice about judging someone based on a news headline. What are the Facts? In 1992, Stella Liebeck purchased a cup of hot coffee at a McDonald’s drive through in New Mexico while sitting in the passenger seat. She proceeded to take off the lid of the coffee cup in order to add cream and sugar. She then accidentally spilled the coffee into her lap where it soaked into her sweat pants that she was wearing. This caused third degree burns that resulted in a seven day stay in the hospital along with skin grafting to repair the damage that was done (Schostok, 2000). What are the Issues? The issue that is specific to this case is whether or not McDonald’s should be liable for selling coffee that is too hot? The broader issue is, should businesses be responsible for the safety of their customers? What Law Applies? The product liability law applies in this case, specifically the “implied warranty of fitness [that is] imposed by the Uniform Commercial Code” (Morgan, n.d.). What did the Jury decide? The jury decided to award Liebeck $200,000 for compensatory...
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...into beverages and sweets. Its trunk is used as a lumber for houses and building materials. The leaves of this fruit are used as a medicine, fodder, and as a compost material. Its latex is in the list of ingredients for glue and paste. Its roots are used for handle for farm implements. The seed is used for food, also used in feeds, used for planting materials and for making candies. But none had studied the seeds as a potential coffee. Coffee is a beverage prepared from dried ground beans of Coffeaarabica, an African evergreen; the berries are rich in caffeine, which stimulates the CNS and cardiorespiratory system and results in mild addictive symptoms. The researchers pursued this study because using this study, jackfruit seeds can be made another new and useful product in everyone’s daily life; instead of throwing the seeds away. Why the researchers chose coffee because it has been a common hot drink for everyone; it is almost a part daily routine of man. B. Statement of the Problem This study determines the feasibility of coffee made from Jackfruit seeds. It seeks to answer the following questions: 1) What are the...
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...Observational Research Report YEUNG Ching Hei, ZHU Xiaoming Introduction The research was conducted from 12:38 pm to 1:38 pm on a Monday in the Starbucks coffee shop on HKUST campus. We basically observed inside the shop for one hour and recorded customers’ gender, age, companion and what products they bought. 86 customers’ behaviors were recorded. By analyzing the data, we find out some interesting phenomenon and therefore list out some suggestions to interested parties at the end of the report. Observations and Analysis Among the 86 consumers, 40 are under 30 years old, 39 aged 31 to 50, and 7 are older than 50. The temperature on the day of observation was 31 °C, but the hot drinks consumed were almost as much as the iced ones(29 cups of hot drinks versus 38 cups of iced drinks). Most of the young generation (20-30 years old) will buy the iced drinks, the other usually will choose hot drinks. It shows that drinking hot drink is the culture of the older generation which is independent of the weather. Also, the second possible reason behind is the use of air-conditioner. So that, most of the people do not rely on the drinks to cool down. Only limited amount of yogurt was offered daily, and the main consumer group of this specific product was found to be young females (5 out of 7 in their 20s and 2 others in their 30s). Yogurt attracts a lot of young generation because of its late arrival in Hong kong.It is alos recognized as a healthy food in Hong Kong. As most...
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