The woman burned by scalding hot coffee that she purchased at the drive through window was awarded almost $3 million by a jury after she spilled practically an entire cup of burning hot coffee on her thighs when wearing sweatpants and sitting in the passenger seat of a car. They awarded Liebeck $200,000 in compensatory damages, which was reduced by 20 percent to $160,000. [30], Since Liebeck, major vendors of coffee, including Chick-Fil-A,[31] Starbucks, Dunkin' Donuts, Wendy's, Burger King,[32] hospitals,[33] and McDonald's[34] have been defendants in similar lawsuits over coffee-related burns. But the best social science evidence shows that the number of personal injury lawsuits in recent decades has declined, and the median payout is only $55,000.. McDonalds staunchly refused to settle despite multiple attempts to mediate the case before trial. This constituted a breach of their duty to Stella Liebeck, which was the direct and proximate cause of her injuries. She suffered third-degree burns from the coffee and eventually sued McDonald's. The case became national news when Liebeck was awarded a "$2.9 million settlement." Most people wondered how someone could be awarded so much money for spilling coffee on herself. Adam Ruins Everything explains that the case wasnt about greed, but about a working-class woman forcing a big company to make its product safer. Stella Liebeck, a 79 year-old widow, was sitting in her grandson's car at a McDonald's drive through ordering a meal. The trial judge reduced the punitive damages to three times the amount of the compensatory damages, totalling $640,000. It wasnt like the McDonalds employee took the coffee and threw it on her. That said, a hot coffee lawsuit isnt the only thing that can land you in court. {"@context": "https://schema.org","@type": "FAQPage","mainEntity":[{"@type": "Question", "name": "What Kind Of Burns Did Stella Liebeck Have? }); The NYTimes put out a mini documentary as part of their Retro Report video series, taking a closer look at the case of 79-year-old Stella Liebeck, who . Stella Liebeck spent seven days in the hospital. The decision was appealed by both McDonald's and Liebeck in December 1994, but the parties settled out of court for an undisclosed amount. The coffee that burned Stella Liebeck was dangerously hothot enough to cause third-degree burns, even through clothes, in three seconds. She was wearing sweatpants, which held the scalding liquid against her skin. So if you still want to argue about it, you have to admit this case isn't the joke most people play it off as in email . ","acceptedAnswer": {"@type": "Answer","text": "McDonald's coffee is not served at the optimum temperature for coffee brewing, which is around 80 – 90 degrees. But even after that, the myth of the woman who got rich after abusing the court system over spilled coffee persisted. The coffee caused third-degree burns to her groin, thigh, genitalia, and buttocks. Liebeck offered to settle the case for $20,000, but the company refused. 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. 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 sued McDonald's and a jury awarded her nearly $3 million in punitive damages for the burns she suffered. Yes, you can sue for hot coffee. 2017-04-28 Stella Liebeck's legal team argued that McDonald's coffee was being held and sold at too high of a temperature. It must be an aberration. 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. Sanjeev is the tech editor at DeviceMAG. The trial judge reduced the punitive damages to $480,000, while noting that McDonalds behavior had been willful, wanton, and reckless. The parties later settled for a confidential amount. The plaintiff, Stella Liebeck (19122004),[2] a 79-year-old woman, suffered third-degree burns in her pelvic region when she accidentally spilled coffee in her lap after purchasing it from a McDonald's restaurant. If the coffee is steaming hot and you are injured as a result, you may be able to file a legal action. 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). 2011-12-28 In the McDonalds coffee case, a new documentary called Hot Coffee released this July details the events surrounding the spill on Stella Liebeck, who suffered burns and sued the fast food chain 2018-02-13 Back in 1992, 79-year-old Stella Liebeck was awarded nearly $3 million in damages from McDonald's after receiving third-degree burns from scalding coffee. 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. a bail system that excessively punishes the poor. Liebeck was in the passenger's seat of a 1989 Ford Probe, which did not have cup holders. Learn more Liebeck retained an attorney, and much legal wrangling followed. A state district court jury imposed $2. She received third-degree burns over 16 . "}}, {"@type": "Question", "name": "Can You Sue For Hot Coffee? In 1992, Stella Liebeck, a 79 year old woman from Albuquerque, New Mexico, was driven by her grandson through the drive-thru of a fast food restaurant for a breakfast order. Please consider making a one-time contribution to Vox today. After an investigation, however, state insurance officials determined that both Edwards' documentation and her injury were bogus. Search for Stella Liebeck photos and over 100 million other current images and stock photos at IMAGO. The coffee spilled and caused third-degree burns in her pelvic region. Plus, it . Stella Liebeck, a 79-year-old grandmother, was a passenger in her grandson's car when they drove through. ","acceptedAnswer": {"@type": "Answer","text": "In 1992, Stella Liebeck, a 79-year-old woman, ordered coffee from a McDonald's drive-thru. After hearing the evidence, the jury concluded that McDonalds handling of its coffee was so irresponsible that Liebeck should get much more than $20,000, suggesting she get nearly $2.9 million to send the company a message. That's when a jury awarded the plaintiff $2.86 million for burns she received when she accidentally spilled . [6] Legal commentator Jonathan Turley called it "a meaningful and worthy lawsuit". The jury found that McDonald's was 80 percent responsible for the incident. In the process, she spilled the entire cup of coffee on her lap. With a passion for everything that gets geeks high were here to feed you with the latest news. Andy Simmons is a features editor at Reader's Digest. "}}, {"@type": "Question", "name": "Why Did McDonald's Serve Coffee So Hot? This caused scalding hot coffee to spill on Liebeck, causing her serious injuries. View the full answer View the full answer, It's a story that has been parodied, joked about and mocked - the McDonald's hot coffee case. Her argument: The coffee was too hot. Sanjeev is also an avid photographer and loves spending time with his family. 0. . Even the Stella Awards website-- a site dedicated to rooting out silly lawsuits and named after Stella Liebeck herself as the symbol of what's wrong with our justice system -- admits all these facts are true.. She required extensive skin grafts and surgery. McDonald's responded with a letter offering $800. A large portion of the film covered Liebeck's lawsuit. Consumer advocates say the distorted narrative picked up speed because business interests and some lawmakers used it as a way to create a public belief that frivolous lawsuits were common and that jury verdicts were running amok, all in an effort to advance a tort reform agenda that limits consumers ability to hold wrongdoers accountable. Liebeck was sitting in her car when she spilled a cup of the chains coffee on her lap. Plus charts and cats. Stella was awarded $640,000. The Facts: This case was filed by Stella Liebeck of New Mexico, who, in February 1992, while in the passenger seat of her grandson's car, was severely burned by McDonalds' (The Actual facts About the McDonald's Coffee Case, n.d.) coffee after it spilled on her legs, groin and buttocks causing third-degree burns (Bracken, 2005). There was a person behind every number, and I dont think the corporation was attaching enough importance to that, juror Betty Farnham told the Wall Street Journal. 2019-09-25 The coffee spilled on Liebecks lap, resulting in second- and third-degree burns over 16 percent of her body. Then there was the 2.86 million awarded to Stella Liebeck in 1998 after burning herself with a $0.49 MacDonalds coffee claiming it was defective. Liebeck’s attorney based the lawsuit on a theory of negligence. However, the trial revealed that Liebeck was not alone. Liebeck acknowledged that the. [12] She remained in the hospital for eight days while she underwent skin grafting. In a press release, the California Department Insurance reports that detectives investigating Edwards' claim discovered that photos she had submitted of her injuries were actually taken from a hospital website. [24], The Liebeck case is cited by some as an example of frivolous litigation. Her husband, Henry Gerhardt Liebeck, died in January 1991, just over a year before the famous spill. 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. McDonalds responded with an offer of $800. In addition, they awarded her $2.7 million in punitive damages. Photos; Magazine; Newsletters; A blog of my opinions. A California woman's claim that she was severely burned by spilled McDonald's coffee was revealed to be a scam when investigators discovered that photographs of the woman's alleged injuries had been downloaded off the internet. Liebeck was ultimately awarded $2.7 million by a jury at trial, but that amount was reduced to $640,000 by the judge. If you don't believe it, you can run a Google image search for "Stella Liebeck burn photos". After receiving the coffee, she placed it between her legs while she attempted to remove the lid. She was in a parked car when the coffee spilled. 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. Ms. Liebeck suffered third-degree burns on her pelvis and underwent skin grafting. And as could be expected, Corporate America behaved as Corporate America behaves: haughtily. Other restaurants served coffee at 160 degrees, which takes twenty seconds to cause third degree burns. "}}, {"@type": "Question", "name": "Is McDonalds Coffee Still Hot? . url = '/react.php?id='+id+'&value='+value; The only way you can get the attention of a big company [is] to make punitive damages against them, said juror Marjorie Getman. You can also contribute via. All rights reserved. ","acceptedAnswer": {"@type": "Answer","text": "The coffee that burned the lady was heated to somewhere between 180 to 190 degrees. about FindLaws newsletters, including our terms of use and privacy policy. They extend through the skin and into the underlying tissue, causing extensive damage. Liebeck was awarded. Search from Stella Liebeck stock photos, pictures and royalty-free images from iStock. [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. ","acceptedAnswer": {"@type": "Answer","text": "According to a beverage resource manual, the standard temperature for hot Starbucks drinks is between 150 and 170 degrees. 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. ","acceptedAnswer": {"@type": "Answer","text": "The McDonald's coffee was served at a temperature between 180 and 190 degrees Fahrenheit. success: function(response) { That Stella Liebeck needed to defend her reputation is the saddest piece of this whole story to me., I was not in it for the money, Liebeck said at the time. Please consider making a one-time contribution to Vox today. 2021-04-04 In 1992 a 79-year-old woman named Stella Liebeck ordered a coffee at a McDonalds drive-through in the southwestern US when she spilt it , View McDonald Group Presy.pptx from BUISNESS MBA 610 at Southern New Hampshire University. Despite this, it did 2017-09-25 The new complaint against Starbucks is reminiscent of a 1994 lawsuit filed against McDonald's by Stella Liebeck, who suffered severe burns , Friday, Jul 29, 2022. "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). Liebeck sought to settle with McDonald's for $20,000 to cover her medical expenses. Something went wrong. 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. For example, if the cup was not properly microwaved and it resulted in scalding coffee, you may have a case. In 2002, Caesar Barber filed a lawsuit against McDonald’s, Burger King, Wendy’s, and KFC, claiming that their greasy and salty food had made him obese and unhealthy. 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. 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. Sister of Madelyn Ousterhout. A legal associate measured the serving temperature of coffee at multiple fast food restaurants and found that McDonald's had the highest: 180 degrees Fahrenheit. Find Liebeck stock photos and editorial news pictures from Getty Images. But if thats your policy, we ask you to worry about your policy.. The total for the two boxes was $12.18, before tax, to . The coffee had burnt her skin in seconds. This high temperature can result in a burnt flavor, and can also lead to a loss of flavor and aroma. ","acceptedAnswer": {"@type": "Answer","text": "Liebeck's attorney based the lawsuit on a theory of negligence. 2013-10-18 Liebeck V. McDonalds: The Big Burn. Ms. In this case, the restaurant was negligent in heating the coffee to such a high temperature. [citation needed], Detractors have argued that McDonald's refusal to offer more than an $800 settlement for the $10,500 in medical bills indicated that the suit was meritless and highlighted the fact that Liebeck spilled the coffee on herself rather than any wrongdoing on the company's part. We recommend our users to update the browser. The infamous case led to various heated debates about "frivolous lawsuits," despite the fact that the severe burns required skin grafts on Liebeck's inner thighs. These fast food court cases are ba-da-ba-ba-dumb. Her grandson parked the car to allow Mrs. Liebeck to add cream and sugar to her 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. . Once everybody decides what is true about something and the media has been sort of an echo chamber for it, then how do you deal with the fact that they might be wrong? said Llewellyn. Uploaded By jchavez789. "}}, {"@type": "Question", "name": "On What Theory Did Ms Liebeck's Attorney Base The Lawsuit Upon? Liebeck subsequently sued McDonald’s, claiming that the coffee was too hot and that the company did not provide an adequate warning about its temperature. Photo: Bill Litant Previous image Next image. She just wanted McDonalds to pay her medical expenses, estimated at $20,000. According to Conover, lawyers spent years running a disinformation campaign, which much of the media bought into, holding up the McDonalds coffee lawsuit as an example of a supposed epidemic of frivolous lawsuits. However, it was revealed that they not only directed their employees to serve coffee at a dangerously hot temperature, but also knew about the risk of serious burns for more than 10 years and did nothing to correct it. Her grandson parked the car so that Liebeck could add cream and sugar to her coffee. Burn Incident. Stella suffered 3rd degree burns requiring skin grafts; The coffee at that mcdonald's location brewed coffee at 193 degrees f, 3 degrees hotter than mcdonald's . McDonald's made the decision to offer coffee at such a high temperature despite being aware of the 700 burn complaints in . Im a nurse, and I was horrified by the type of injuries that she had sustained, said Liebecks daughter-in-law, Barbara Liebeck. A New Mexico jury awarded Ms. Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages and, in an instant, the media and legal communities were up in arms. McDonalds admitted that its coffee was a hazard at such high temperatures. 2016-01-01 The Seinfeld episode was sparked by the real case of 79-year-old Albuquerque resident Stella Liebeck, who sued McDonalds after spilling hot coffee in her lap and was awarded $3 million by a jury. Liebeck v. McDonald's: The Big Burn: With Zachary Green, John Llewellyn, Stella Liebeck, Judy Allen. In reality, her grandson was driving, with Liebeck in the passenger seat. 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. During the trial, Liebecks surgeon, David Arredondo, MD, told the jury that if liquid at that temperature makes contact with skin for more than a few seconds, it will cause very serious burns. stella liebeck. Physician Reimbursement, 2019-11-05 Prices may vary. In California, felony insurance fraud can result in up to five years in prison and a fine of up to $50,000 or double the value of the defrauded amount, whichever is greater. She said the settlement had paid for a live-in nurse. Its either passion or need. "}}, {"@type": "Question", "name": "How Did Stella Liebeck Prove Negligence? Her recovery lasted two years. [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. [16] Instead, the company offered only $800. Though there was a warning on the coffee cup, the jury decided that the warning was neither large enough nor sufficient. 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. About your policy, we ask you to worry about your policy, we ask you to worry your. The case for $ 20,000 Newsletters, including our terms of use and privacy policy photos and news!, was a hazard at such high temperatures passenger seat of flavor and aroma high! Noting that McDonalds behavior had been willful, wanton, and can also lead to a loss of and... Please consider making a one-time contribution to Vox today use and privacy policy and caused third-degree to. 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