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  1. #92
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    Gary as I see it the problem with your premise that McD'S is guilty because of 700 others were injured also is that I doubt if there a person alive that hasn't been burned by coffee they made at home. Why is restaurant coffee expected to be 1/3 the temperature of what you make at home? If you know coffee you make at home is hot enough to burn you isn't it reasonable that coffee from a restaurant will be just as hot. After all ever coffee brewer uses water that is 195-205 degrees. Is the government going to require all coffee be served over ice?

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  3. #93
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    Sep 2005
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    Atlanta GA area
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    Some folks just like to argue in favor of a freebee...
    They seem obsessed with 'me' and 'mine' and 'whats in int for me'...

    Rather than a sense of community that makes life better for ALL parties.

    Personally, GA does not believe litigation is an insignificant part of the cost of products and services.
    Rather GA believes litigation costs are a larger part than most folks realize!
    GA-HVAC-Tech

    Your comfort, Your way, Everyday!

    GA's basic rules of home heating and AC upgrades:
    *Installation is more important than the brand of equipment
    *The duct system keeps the house comfortable; the equipment only heats and cools (and dehumidifies)
    *Cheap is not good, good is not cheap; however expensive is not a guarantee of quality!
    Choose your contractor wisely!

  4. #94
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    Sep 2005
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    Atlanta GA area
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    Quote Originally Posted by Scoobie View Post
    Glad fastfood restaraunt have got the word you can’t send out coffee blistering hot. Getting my family jewells scalded would be very transitive for me. Don’t want to win or lose that lawsuit.
    I suspect Scoobie would be more careful if Scoobie KNEW there was no 'deep pocket' to sue if Scoobie was irresponsible...
    GA-HVAC-Tech

    Your comfort, Your way, Everyday!

    GA's basic rules of home heating and AC upgrades:
    *Installation is more important than the brand of equipment
    *The duct system keeps the house comfortable; the equipment only heats and cools (and dehumidifies)
    *Cheap is not good, good is not cheap; however expensive is not a guarantee of quality!
    Choose your contractor wisely!

  5. #95
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    Jul 2009
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    South Carolina
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    Quote Originally Posted by BNME8EZ View Post
    Gary as I see it the problem with your premise that McD'S is guilty because of 700 others were injured also is that I doubt if there a person alive that hasn't been burned by coffee they made at home. Why is restaurant coffee expected to be 1/3 the temperature of what you make at home? If you know coffee you make at home is hot enough to burn you isn't it reasonable that coffee from a restaurant will be just as hot. After all ever coffee brewer uses water that is 195-205 degrees. Is the government going to require all coffee be served over ice?
    I would assume the risks of spilling coffee are much greater when being handed out in a paper or styrofoam cup to someone in a car then it is at home. The real difference is the warnings & complaints that happened before the accident that should have been addressed. I'm not saying that the woman doesn't bear some responsibility for spilling the coffee, I'm saying that if her injuries were made worse because of a business decision then the business could bear some responsibility too. How much if any responsibility is determined when all the facts are in & that is what happened in this case. We can disagree on the outcome but the fact is that the case is just not as black & white as we were led to believe by the media.
    Gary
    -----------
    http://www.oceanhvac.com
    The best things in life are free but not everyone is willing to pay the price.

  6. #96
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    Aug 2009
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    Beatrice, NE
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    But the main fact is she had full control over the cup. It should be common knowledge that coffee is hot. If it would have happened while it was being handed out the window then yes, the restaurant was partially responsible. Yet that was not the case. She had the cup long enough to get from the window to a parking spot. She would have had full control of that cup for a minute or better. You expect your order to be hot,unless it is ice cream. You can get burnt from most hot products served at a restaurant, again this us common knowledge. You can get cut by a knife at a restaurant, is that the restaurant's fault too? The problem is the liberal media has convinced people that it is always someone else's fault, you are not responsible for your self inflicted pain. Look at the law suits over cigarette smoking. Nobody forced smokers to buy cigarettes, put them in their mouth and put a fire to it. Yet somehow it was the cigarette industry that caused these people to smoke. The hard truth is they did it to themselves but don't want to acknowledge responsibility for their action. Almost everyone coughs on their first inhale yet the continue and reach for the next. They won't even believe their own body, but they will believe they are not at fault. It is all the same thing, blame the other guy. Don't misunderstand, companies do make hazardous products that should be safer than they are. In those cases the company should be charged and rightly so, however if one is foolish enough to use a hairdryer in the shower maybe they deserve the pain they get even if the warming label wasn't in the right font in 14 languages.

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  8. #97
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    Dec 2005
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    I think we have a problem with an over litigious society. I see so many commercials that are obviously just making a joke, or showing an example of something, but they have to put at the bottom of the commercial things like 'don't try this at home' or 'professional on a closed course'. The reason they have to say what is obvious to everyone is that they are afraid of being sued. These fears I'm sure cost of us all money in having to pay for all these extra lawyers everywhere.

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  10. #98
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    Jul 2009
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    South Carolina
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    There is no question that we have an over litigious society & we all pay for it but IMO this particular case is not one of them. The jury award may have been higher than it should have been & the judge set it aside anyways but that does not mean the case was frivolous & had no merit. I'm not even sure of how I would have voted if I was on the jury because I don't know all the facts but from what I know there was definitely enough to say this was not just a frivolous law suit. If anything this should be a case that shows there is no need for tort reform because the judge is a buffer for the insurance companies & he can set aside a jury award if he thinks its too much.
    Gary
    -----------
    http://www.oceanhvac.com
    The best things in life are free but not everyone is willing to pay the price.

  11. #99
    Join Date
    Sep 2005
    Location
    Atlanta GA area
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    I disagree...

    There is NO excuse for attempting to rip off someone (a business, a person, etc)...
    For ones own irresponsible behavior.

    NO EXCUSE at all.

    See my example above about waking on the highway...
    GA-HVAC-Tech

    Your comfort, Your way, Everyday!

    GA's basic rules of home heating and AC upgrades:
    *Installation is more important than the brand of equipment
    *The duct system keeps the house comfortable; the equipment only heats and cools (and dehumidifies)
    *Cheap is not good, good is not cheap; however expensive is not a guarantee of quality!
    Choose your contractor wisely!

  12. #100
    Join Date
    Mar 2015
    Location
    Hamersville, Ohio
    Posts
    7,281
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    Quote Originally Posted by newoldtech View Post
    I think we have a problem with an over litigious society. I see so many commercials that are obviously just making a joke, or showing an example of something, but they have to put at the bottom of the commercial things like 'don't try this at home' or 'professional on a closed course'. The reason they have to say what is obvious to everyone is that they are afraid of being sued. These fears I'm sure cost of us all money in having to pay for all these extra lawyers everywhere.
    I Agree Newold, ....

    And, I'm gonna add that a Huge Number of Pathetically Stupid people in America, caused the 'don't try this at home', notations in those Commercials, as well as Greedy Lawyers taking up the "Pathetically Stupid People's" Cases.
    Hos 4:6 My people are destroyed for lack of knowledge. Because you have rejected knowledge, I will also reject you, that you may be no priest to me. Because you have forgotten your God’s law, I will also forget your children.


    "You've got to Stand for Something or You'll fall for anything" (A. Tippin)


    Mat_15:24 But he answered, “I wasn’t sent to anyone but the lost sheep of the house of Israel.”

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