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Woman-sues-Dallas-Cowboys-over-burned-butt-lol

This is a discussion on Woman-sues-Dallas-Cowboys-over-burned-butt-lol within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Originally Posted by Sig35seven The woman sitting on the bench or the woman who spilled the coffee certainly hold some of the blame for their ...

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  1. #61
    Distinguished Member Array AZJD1968's Avatar
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    Quote Originally Posted by Sig35seven View Post
    The woman sitting on the bench or the woman who spilled the coffee certainly hold some of the blame for their injuries (culpability) BUT the extent and severity of their injuries are not 100% their fault. This need to be worked out in court and we need to retain the RIGHT to do so.
    I agree with this.
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  2. #62
    VIP Member Array oakchas's Avatar
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    Hey, those of you for legally mandated tort reform.... Ask any Doc in Texas... "How much did your malpractice insurance go DOWN, after the state limited the liabilities of your insurance company?" If he knows his own $$$books, he'll laugh you out of his office....

    IIRC, after "tort reform" in Texas, insurance rates for malpractice (one of the reasons for the legislation in the first place) nearly doubled....

    You know, them great insurance companies... like... oh... I dunno.... AIG???

    Yeah, protect them with laws to protect their assets and see how they pass those savings on...

    was that a pig, just flew by?

    Nah... didn't think so.
    ccw9mm and Sig35seven like this.
    Rats!
    It could be worse!
    I suppose

  3. #63
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Sig35seven View Post
    Quote Originally Posted by ccw9mm View Post
    But particularly in Texas on a hot August day, it's hard to believe a thinking person from Texas could be so oblivious to the legitimate, easily-understood, commonly-known risks on such days.
    We agree that it is hard to believe that a thinking person from Texas WAS so "oblivious to the legitimate, easily-understood, commonly-known risks on such days" as to create a liability in the stadium by putting a black bench in the hot sun ...
    Design of products that mitigate effects requires FMEA-style thinking of the areas of failure or risk, evaluating the likelihood and costs involved, then determine whether to do anything about it. Unknown what was involved in the design process, in the case of the bench maker.

    Avoidance of hot things on hot days, on the other hand, is innate: most every thinking, breathing animal has it within them to avoid such things. Not with this woman, but apparently with (nearly) everyone else who's ever sat on those things.
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  4. #64
    Senior Member Array Sig35seven's Avatar
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    Quote Originally Posted by ccw9mm View Post
    Design of products that mitigate effects requires FMEA-style thinking of the areas of failure or risk, evaluating the likelihood and costs involved, then determine whether to do anything about it. Unknown what was involved in the design process, in the case of the bench maker.

    Avoidance of hot things on hot days, on the other hand, is innate: most every thinking, breathing animal has it within them to avoid such things. Not with this woman, but apparently with (nearly) everyone else who's ever sat on those things.
    How do you know how many people have been burned by these benches? You don't know.

    When the women spilled the hot coffee on herself in the McDonald's case most people thought the same thing as you are suggesting. When it was brought into court it was exposed,by McDonalds themselves, that over 700 other people had scalded themselves by the overly hot coffee they were serving. This was a small number for them since they serve millions of cups a day. Plenty of out of court settlements.

    The woman was, with out doubt, also at fault for spilling the coffee accidentally on her self. No question. However, McDonalds served coffee that was much hotter than a normal cup of coffee. If fact, it was so abnormally hot (187 degrees) that it would burn skin off instantly. The question I had is why so hot? The answer was for more profit. 2 reasons.

    1.They could serve inferior/cheaper coffee and tests showed the hotter it was the more it masked the flavor.
    2. tests showed that people wouldn't take advantage of the 'free refill' offer if the coffee was to hot to drink quickly.

    They profit $1.6 million a day on coffee. So they could care less about these people getting burned and there lies the problem. Her award was mere pocket change to McDonalds but with new tort reform legislation allowing them to mitigate out of court settlements they could make even more profit. This is exactly what Thomas Jefferson meant in the quote I posted earlier.

    Fortunately, she was able to exercise her constitutional rights and let a jury hear her case.
    "Confidence is food for the wise man but liquor for the fool"

  5. #65
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    Gee, how long did she sit on that bench? Was she naked? Didn't the aroma of frying bacon warn her something was cooking? Seriously people. This should never go to trial, the judge who sits on this case should immediately throw it out. And award any legal fees incurred by the Cowboys to be recovered from the plaintiff and her attorney. There must be a degree of personal responsibility,it is not someone else's fault you do something stupid and get hurt. I like the old joke about 300 lawyers on the bottom of the sea.
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  6. #66
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    Fortunately, she was able to exercise her constitutional rights and let a jury hear her case.
    I wonder if the had to use a wide angle lens to take pics for the trial (________I________)

  7. #67
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by Sig35seven View Post
    How do you know how many people have been burned by these benches? You don't know.
    Right, hence the "nearly" wording. Haven't read of many burned-butt lawsuits in TX, lately. For that matter, ever. That's all it meant. Nothing more. Certainly not omniscience.
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  8. #68
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    Was this Jessica Simpson?

  9. #69
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    Quote Originally Posted by Sig35seven View Post
    How do you know how many people have been burned by these benches? You don't know.

    When the women spilled the hot coffee on herself in the McDonald's case most people thought the same thing as you are suggesting. When it was brought into court it was exposed,by McDonalds themselves, that over 700 other people had scalded themselves by the overly hot coffee they were serving. This was a small number for them since they serve millions of cups a day. Plenty of out of court settlements.

    The woman was, with out doubt, also at fault for spilling the coffee accidentally on her self. No question. However, McDonalds served coffee that was much hotter than a normal cup of coffee. If fact, it was so abnormally hot (187 degrees) that it would burn skin off instantly. The question I had is why so hot? The answer was for more profit. 2 reasons.

    1.They could serve inferior/cheaper coffee and tests showed the hotter it was the more it masked the flavor.
    2. tests showed that people wouldn't take advantage of the 'free refill' offer if the coffee was to hot to drink quickly.

    They profit $1.6 million a day on coffee. So they could care less about these people getting burned and there lies the problem. Her award was mere pocket change to McDonalds but with new tort reform legislation allowing them to mitigate out of court settlements they could make even more profit. This is exactly what Thomas Jefferson meant in the quote I posted earlier.

    Fortunately, she was able to exercise her constitutional rights and let a jury hear her case.
    According to the NCA (National Coffee Association):
    Water Temperature During Brewing
    Your brewer should maintain a water temperature between 195 - 205 degrees Fahrenheit for optimal extraction. Colder water will result in flat, underextracted coffee while water that is too hot will also cause a loss of quality in the taste of the coffee. If you are brewing the coffee manually, let the water come to a full boil, but do not overboil. Turn off the heat source and allow the water to rest a minute before pouring it over the grounds.
    So, in fact that is how it is recommended you brew coffee. McD's did not make it up. And McD's temperature was lower than the recommended temp for ideal brewing. As far as the other stat can you provide a source please?

    Though the lady did indeed spill it on herself through her own fault (she took the lid off to put in sugar and creamer) McD's IMO should have paid for the medical bills which pretty much she was asking for
    Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her loss of income was approximately $5,000 for a total of approximately $18,000. Instead, the company offered only $800
    Bad business move. The judge determined that McD's was 80 percent at fault and that the lady was 20 percent. I think that should have been the opposite.
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  10. #70
    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by suntzu View Post
    According to the NCA (National Coffee Association):
    So, in fact that is how it is recommended you brew coffee. McD's did not make it up. And McD's temperature was lower than the recommended temp for ideal brewing. As far as the other stat can you provide a source please?
    The NCA also recommends 1-2 TABLESPOONS of coffee grounds per 6 ounce cup of water... so a "12 cup" pot would require 24 tablespoons of coffee grounds... which BTW, won't fit in the grounds basket/filter of most coffee pots, and the resultant brew probably wouldn't pour if it did. And the NCA recommends a holding temp of no more than 185... not the 187+ used by McD's.

    Quote Originally Posted by suntzu View Post
    Though the lady did indeed spill it on herself through her own fault (she took the lid off to put in sugar and creamer) McD's IMO should have paid for the medical bills which pretty much she was asking for
    How else would you put in cream and sugar without removing the lid? Where would you do this in the age of no cup holders in cars, when you got your java at the drive up?

    Quote Originally Posted by suntzu View Post
    Bad business move. The judge determined that McD's was 80 percent at fault and that the lady was 20 percent. I think that should have been the opposite.
    And, she never got what the jury awarded her.... but you never hear that little tidbit...

    I don't like torts... but I don't like tort reform either.. so... for me it's a wash...
    Sig35seven likes this.
    Rats!
    It could be worse!
    I suppose

  11. #71
    VIP Member Array suntzu's Avatar
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    You did not put in the entire paragraph. Here it is.

    Pour it into a warmed mug or coffee cup so that it will maintain its temperature as long as possible. Brewed coffee begins to lose its optimal taste moments after brewing so only brew as much coffee as will be consumed immediately. If it will be a few minutes before it will be served, the temperature should be maintained at 180 - 185 degrees Fahrenheit. It should never be left on an electric burner for longer than 15 minutes because it will begin to develop a burned taste. If the coffee is not to be served immediately after brewing, it should be poured into a warmed, insulated thermos and used within the next 45 minutes.
    So it brews as stated which can be over 200 degrees and should be served immediatley. The holding temp is for taste..not safety. Since folks are constantly getting coffee I would err on the side that the coffee is being served immediately. They want the temperature lowered if it is going to sit awhile..for better taste (it won't get bitter). That contradicts what you said earlier that it was to save money t make it taste better.

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