But still, what kind of moron puts a styrofoam cup between their legs and removes the lid? Yes coffee was too hot, I agree, but even my three year old knows better than to put her paper McDonalds cup between her legs> She knows they are flimsy and any voluntary or involuntary reaction on her part would crush it like a bug. So both parties are at fault! :-)

Oh yeah, and McD's coffee sucks, the convenience store has better than that stuff!

Alright, I'll shut up again!

Part of the reason she suffered such severe burns as well was do to the type of material she was wearing...

-d

I can't understand why more Americans are not richer. It is so easy to sue over there. Do some people wake up in the morning and say "Who am I gonna sue today". Kids suing parents, MacDonalds getting sued because coffee is hot and their food causes obesity. If it is legitimate then fine, but why waste the courts time and tax-payers money suing for something you should know? I burn my mouth when I eat hot food I have cooked in the microwave. Who should I sue? LG, for making microwaves with settings too high? I just think it is an easy way to make a fast buck.

There are cases where even frivilous litigation can serve a purpose, there are now warning labels on the coffee cups, which is a good idea. Sometimes it just has to be done to make a point even when others may not understand that point. Yes the woman should have sued for the hot coffee because they did make it too hot, but she shouldn't have put it there! I think the blame was more 50/50 but then I am not an expert in law. Bill has stated the facts but never offered an opinion per se so I am hoping to hear that too.

Shutting up again!

yes, she was partially to blame, thus: reducing that to $160,000 because they felt the lady was 20% at fault."

michelle: it's not that easy to WIN or PREVAIL in a claim. anyone has the right to sue, AS IT SHOULD BE. that's why you hear of frivolous suits filed. NOT WON.

Jeff -- For a guy I represented, the lid wasn't totally secure and he suffered 2nd degree burns because of the 180 degree temp of the coffee -- burns to his ... well, it was no way to enlarge a penis ... we settled for 20 grand, which was a few years before this lady dumped the coffee. There are theories of recovery concerning food -- if it's not fit for human consumption and the restaurant serves it, the restaurant may be strictly liable(liable without having to prove carelessness) in some states or negligent (akin to lack of reasonable care).

McDonald's admitted that the coffee was too hot to be safely imbibed -- it was not fit for consumption, yet by serving it, the consumer should be able to have the reasonable expectation that the coffee is fit or safe. The coffee was not safe.

And Michelle, in most cases, experts testify, whether they be doctors, engineers, or others, and they are paid for their time in travelling, evaluating, consulting, advising, and testifying; and that expense is great, especially if more than one is retained.

Thanks Bill and Stacey, thats why I like this blog, I learn something new here a lot of the time.

They serve the coffee much cooler here and we have the warnings printed on the cups.

alright. you idiots out there. if you're STUPID enough to not take caution drinking HOT liquid drinks. hands down to you. for you are an idiot. and people please quit suing because you are again a flaming imbecille and get off your fat lazy butt and work.