Review the resources regarding the Liebeck v. McDonald’s case. Think about what you learned about torts in this unit. If you were a member of the jury, would you have decided for Liebeck or for McDonald’s? Be sure to support your position with citation to authority and the elements of negligence.
In response to your peers: In response to your peers: In response to your peers, consider your peers’ response. If they disagree with your response, consider the factual assumptions they have made which form the foundation of their opinion. Can you challenge those assumptions while furthering your discussion? If your responses are similar, consider posing a hypothetical question to test your peer’s conclusions.
Regardless of whether you are an attorney arguing in court or a business stakeholder pitching to shareholders or a potential client, adding support for your argument from appropriate resources strengthens your content. For this discussion board, be sure to include a citation to an appropriate source that supports the point you are making. (HINT: Your textbook is a great source!)
With the case Leibeck v Mcdonalds I would decide for Leibeck. Having to suffer harsh burns is enough reason for compensation. I do understand that Liebeck was 20 percent resposible for her injuries which was fair. Dealing with anykind of beverage from the drive thu is automatic caution especially hot beverages. But in the same argument Mcdonald’s should of had a better system of warning Leibeck of the heat upon delivery of the beverage. Overall the case was fair.
If you have lived underneath a rock for the last 29 years, you may not have heard about the woman who spilled McDonald’s coffee on her legs and sued. If you have, you may not have learned the facts of this case and understand that McDonald’s negligence caused this woman excruciating pain and suffering. In 1992 Stella Liebeck and her grandson had bought breakfast at a McDonald’s drive-thru. While sitting in the passenger seat, she puts the 8-ounce cup of coffee between her legs, pulls the cover off, and accidentally spills it all over her lower extremities. She had suffered third-degree burns on 16% of her body and had to obtain skin graphs and other medical procedures. Ms. Liebeck takes complete responsibility for spilling the 8 ounces of coffee on herself; however, she realizes that the temperature of that beverage was way too hot, and McDonald’s needs to lower the temperature. McDonald’s brews its coffee at 180 to 190 degrees, about 30% higher than what your coffee maker brews at home. At that temp the amount of damage done in seconds is incredible. With about $10,000 worth of hospital bills, Ms. Liebeck contacted McDonald about mandating to lower the temperature and to cover her medical expenses. Instead, the corporation offers her $800 and claims that their coffee’s temp is no different from any other fast-food chain, so they would not change it. So with the facts laid out and seeing McDonald’s reaction to this dilemma, I can see how McDonald’s negligence is the main component in favor of Ms. Liebeck because of the failure to use reasonable care that harmed another transpiring party as result (Langvardt,2019). McDonald turned a blind eye to the facts of this case and blamed this elderly lady for their wrongdoing. So being a possible jury member, I would say I sid with the plaintiff on this tort and that these big corporations need to be liable for their actions and civil wrongdoing.
Langvardt, A., Barnes, A.J., Prenkert, J.D., McCrory, M.A., & Perry, J.E. (2019). Business law: The ethical, global, and e-commerce environment (17th ed.). New York: McGraw-Hill Education
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