Re: OT: This years winners: most frivolous, winning lawsuits.

On Fri, 14 Apr 2006 22:10:42 GMT, Richard Evans <infodex@xxxxxxxxxxxxxx> wrote:

"James D. Beard" <jim.beard@xxxxxxxxxxx> wrote:

Richard Evans wrote:
Please follow the earlier link and read the details. It was nowhere
near as trivial a matter as you make out. It was not simply a matter
of someone suffering from a foreseeable risk.

I read the details. My commentary stands. The damage was not
trivial, but that does not alter the responsibility for the damage.

Seems to me you are begin pretty selective in the parts you read. You
seem to ignore the parts that claim McDonald's coffee, as served,
presented an UNREASONABLE risk.

Sorry about comming into this thread late but that;s ridiculous. When I make coffee I use boiling
water. That produces coffee at 100 degrees C as hot as water can get. According to your argument If
I'm fiddling with a travel cup full in the car and spill it all over myself I should (or could) sue
the maker of the cup and/or the maker of the coffee pot.


The lady had hot coffee firmly in her possession. She botched
the task of removing the lid, and spilled it on herself,
injuring herself.

Far beyond what a reasonable person would expect. Assumption of risk
means assumption of reasonable and foreseeable risks. The risk here
was neither.

Bull, if you fiddle with a cardboard or styrofoam container full of hot liquid you should be smart
enough to realize there's a risk. And if you're so clumsy that you can't add sugar or creamer to a
cup of coffee without spilling it all over yourself it's not the seller of the coffee's fault.


Until providers of coffee are required legally to handfeed the
liquid to the intended consumer, the provider's responsibility
ends when the beverage has been safely transferred to the
purchaser.

And If it was, by definition, too hot to be safely delivered?

Bull again, Fresh coffee is boiling hot. They're supposed to let it cool? How much? Should we pass a
law that sets a limit? How about one to make the value of pi exactly 3, just think how much it
would simplify calculation.
And yes I think your comments are that inane.

Those incapable or unwilling to handle a hot liquid
with proper care will suffer the consequences, and they have no
claim on anyone else for damage they do to themselves.

So if McDonald's delivered molten lava in a coffee cup, it would still
be the consumer's responsibility for injury?

If you're going to buy molten lava, yes you should be smart enough to realize it's gonna be hot.

Are you guys putting me on? Is this some kind of april fool thing that's just run on too long.

50 odd years ago they did an I.Q. test on me and said it was 136 which they claimed was borderline
genius. That gave me a clue just what those tests are worth. (Not much, my own guess would be closer
to 86). But if this is the kind of thing that passes for normal inteligent reasoning maybe they
were right.

Or maybe I'm just jumping into a flame war or Troll thread.

Yeah that must be it. Nobody smart enough to read, write and talk could be that stupid.

Sorry but the stupid trend of overlitigation in this country is one of the few things that really
irritates me. ( Another is the lies used in advertizing called marketing strategy, but that's
another thread I don't want to start).

Generic english in a Lorenzo Oom Paul.

p.s. Go ahead and flame me if it will make you feel better, won't bother me a bit.



.

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