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by awalton 2799 days ago
> So who's 'fault' is all this?

Uh, it was McDonald's fault, as proven by the several legal battles this woman won. This continuous questioning of settled arguments is absurd. They served the woman boiling hot coffee - it's simply not drinkable or safe to handle at that temperature (and shouldn't even have been brewed over 180...)

2 comments

You're not a coffee drinker are you? :) The optimum brewing temperature for coffee is 200 deg F (94 deg C), plus or minus a few degrees. This is the range recommended by professional coffee associations such as NCA and SCAA [1], and is the range used by pretty everyone, from Starbucks to your local diner. The NCA recommends that coffee be served at around 80 deg C (which is what burned Stella Liebeck); this is a perfectly reasonable service temperature, widely used by most good coffee shops and restaurants, including McDonalds to this day.

The "settled arguments", as you say, were questionable to begin with, and businesses continue to struggle with how to balance decent coffee service and protection from frivolous lawsuits. But the only thing that's really changed since Stella's lawsuit is the addition of warnings on coffee cups, just in case anyone else decides it's a good idea to squeeze a cup of hot coffee between their legs while they fiddle with the top.

1 - https://www.ncausa.org/About-Coffee/How-to-Brew-Coffee

Yet she had handled it before, as had millions of other people. No, this was a case of 'who can I sue to get paid for my injury', which is an epidemic these days. That's also well known, and its disengenous (and massively naieve) to assume that winning a legal battle means you are in the right
I believe if you are recieved dangerously hot beverages(that could melt your skin) where there is no context to expect the beverage could harm you, and are injured from it, then it shouldn’t be your fault. If I ask for a glass of water from a restaurant, should I handle the glass of water as if it could give me frostbite? What if they handed me super cooled water that damaged my hand as I accidentally touched the surface as I ate food? How can it be my fault when there is no reasonable danger to be aware of?
Again, not the case in this particular instance. And further, the cup was very hot, and the lid secure. Those straw men are irrelevant - it wasn't by touching the cup that the litigant was injured. It was willfully removing the top.
How would she be at fault if there is no indication that willfully removing the top would expose liquids so hot that it would melt her skin? There is no reasonable expectation to be served coffee that will melt your skin when exposed to it.
I understand where you're coming from, but I don't think you understand the temperatures involved here. Stella was burned by 80 deg C coffee. Guess who else serves coffee this hot? Everybody. ALL good coffee shops and restaurants serve coffee in the range of 160 degrees F (71.1 degrees C) and 185 degrees F (85 degrees C). The National Coffee Association informally recommends the higher end of this range, around 80-85 deg C, and McDonalds still serves at this temperature or higher.

Anyone who drinks coffee at shops or restaurants, or makes coffee in a decent coffee maker, has experience with 80+ deg C coffee, and any reasonable person should know not to squeeze a cup of it between their legs while they take the top off, which is what Stella did.