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Misinformation about the McDonalds Coffee Lawsuit

Kyle Thompson posted a reply on Media Monopolies, Cable Modems and Nachos
Wait, wait one second. So a lady buys hot coffee from McDonald's, because coffee is a hot beverage and people like it hot, and she's stupid enough to stick this hot coffee in her lap and then she has to stop quickly and spills it all over herself, and you're saying it's McDonald's fault that they served a hot beverage hot? Correct me if I'm wrong...

Sorry you are wrong Kyle but it is not your fault you were lied to by the mass media.

The car was stopped. She was not driving it. She was hospitalized and had to get skin grafts with third degree burns. She only asked for $800 originally.
There were thousands of similar cases on file and McDonalds argued that it was more profitable to keep coffee at dangerous temperatures and that since she was older she did not use her genitals as much so she should get less money. She eventually settled for a lower settlement amount.

This case has been misquoted and lied about so many times that it is a perfect example of how the mass media is biased to disseminate corporate propaganda. McDonalds spends a lot of money on advertising so most media outlets would not want to post anything critical or negative about McDonalds.

Here are some McFacts about the case that are mostly ingnored by the press.

McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.

McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company. When it came to the punitive damages, the jury found that McDonald's had engaged in willful, reckless, malicious, or wanton conduct, and rendered a punitive damage award of 2.7 million dollars. (The equivalent of just two days of coffee sales, McDonalds Corporation generates revenues in excess of 1.3 million dollars daily from the sale of its coffee, selling 1 billion cups each year.)

McFact No. 7: On appeal, a judge lowered the award to $480,000, a fact not widely publicized in the media.

McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

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Icon of JakeJake at January 13, 2003  Rants

Comments

Thanks for spreading the word, Jake! This is one of those stories that people refer to again and again without knowing the facts - so aggravating!

Posted by: Anita Rowland at January 13, 2003 1:18 PM

I think it is a prime example of how propaganda is alive and well in the American media.

Oh and I will see you on Wendsday. I might get there around 7:15 or so.

Posted by: Jake at January 13, 2003 1:24 PM

McDonalds Hot Chocolate is nice...then you go into McCafe and have a stupidenously huge Hot Chocolate there and it doesn't require sweetening and you have that card which you stamp 9 times get the 10th medium coffee free.

Needless to say, they will never let me have Hot Chocolate instead of coffee.

Posted by: l33t k1w1 at January 13, 2003 1:48 PM

Starbucks has kick ass hot chocolate. It is 2 bucks so it is cheaper than coffee but twice the price of McDonalds but it is made with quality chocolate syrup and steamed milk instead of the water and dehydrated milk powder that McDonalds uses.

Posted by: Jake at January 13, 2003 1:55 PM

mmmmm... I love Starbucks hot chocolate.... I don't drink coffee.

Posted by: Judy at January 13, 2003 2:17 PM

I'm not so sure that it's a case of willful propaganda so much as it is lazy reporting. I don't think the media really covered the case as it progressed, so the only things most people remember are the initial charges, which sound insanely frivolous. Many can't even remember all the details, and more often than not those who do remember seem to think the skin grafts were a case of doctored records and ambulance-chaser lawyering. Sort of like a fake neck brace.

It's true that plenty of major media outlets are more beholden to their advertisers than they'd ever admit. I used to work at a paper owned by Gannett, publishers of USA Today, and there was always this weird undercurrent of "don't offend the advertisers." It's an unfortunate side effect of having businessmen run the show.

All the same, though, I wouldn't call this propaganda; they just didn't bother to follow up on the story, which is a damn shame.

Posted by: Evilninja at January 13, 2003 9:14 PM

Media commentators and pundits bitched and whined about how "lawsuits were destroying the competitive edge of industry" and the GOP was pushing Tort reform as a part of the contract on America. But then I am a web designer and you are a journalist so feel free to bitch about web design.

Posted by: Jake at January 13, 2003 10:02 PM

Point.

Posted by: Evilninja at January 13, 2003 11:22 PM

See also, "Touché."

Posted by: Evilninja at January 13, 2003 11:24 PM

I'm inclined to agree with evilninja ... a little. I think the media sensationalizes stories more to draw a crowd than for some evil world domination plan. They need money to keep running. The better their ratings, the more advertising they can attract. The more advertising they attract, the more money they have. It all starts by using more fantastic words (fatal crash versus accident; gaping chasm versus cave), then when that starts to lose it's effect, they simply report on the parts of the story that are most unbelievable or most outrageous. I watch the Fox5 (http://www.fox5dc.com) news simply because it makes me laugh with how obvious and sensationalistic they are. When there's a story that interests me, I'll surf the internet for the facts.

I guess it's almost better to have a marketing degree or psychology degree if you want to be a news person!

Posted by: tj at January 14, 2003 5:56 AM

I think people found it hard to believe that you would need a skin grafting procedure or that you can even get a third degree burn from hot coffee. I am not so sure you can because I have spilled that coffee on myself before and really havent had to go to the hospital but it gave me a first degree burn.....not a third degree burn. I just dont know because I really dont know the facts and nobody really does exception being the lawyers and people involved in the caSE

Posted by: pete at January 14, 2003 9:48 AM

Damn. Now I feel stupid. At least Ian admit whe I'm wrong. Well, thanks for the facts, Jake. At least I got onto the front page of 8bitjoystick.com! (Woo Hoo!) And lets all learn a valuable lesson from this: never put hot coffee in your lap! (No matter how warm it is...)

Posted by: Kyle Thompson at January 14, 2003 1:19 PM

Another part of the equation, ti, is that journalists tend to get bored easily. We see newsworthy stuff firsthand all the time, you see. So a lot of us tend to focus on the more salacious details because it's what we find the most interesting, and we assume that others will find it equally interesting. What we forget, however, is that not everyone is as jaded as we are, and the raw, mundane facts are just as important as the juicier bits. Often more so.

Posted by: Evilninja at January 14, 2003 11:23 PM

YAY for you for posting this....I've been tellign people all this for years.....:)

YAY

Posted by: Amytart at February 25, 2003 7:27 AM

This IS the sterotypical frivalous lawsuit;
the media didn't lie about a damn thing,
except for the reports that DID say the car
was moving when she burned herself.

BUT SO WHAT??? Once that mcdonald's employee
placed that coffee cup in that woman's hands,
it was TOTALLY out of mcdonald's control, just
like the consumer that buys a butcher knife from
a utensil manufacturer and cuts him or herself later with it.... unless those employees THREW hot scalding coffee on that woman, ANYTHING that happened after she got it in her hands was HER fault. PERIOD. If she merely removed the lid and it splashed on her, then it was HER negligence that got it on her, not mcdonald's.

One positive outcome; the populous outcry against this terrible, left-wing socialist piece of crap finding/ruling has begun a large movemement in the country to start ending stupid,
frivalous lawsuits once and for all.

Once you start taking all sense of responsibility away from the individual and forever make ALL misfortunes "somebody else's" fault, you may as well close up shop and go hope, the country has GONE TO HELL.

If this response is deleted, then it's because
i'm telling the truth and you can't stand it.
You can silence the truth, only this post; take
it off and you're just proving everything I said
and making me that much more right.

Posted by: Clint H at August 30, 2003 12:03 AM

The media omitted a hell of a lot like how McDonalds treated her in the trial, when she wanted compensation for her surgery costs and the thousands of other cases that they knew about.

This was not a frivolous lawsuit if you actually learn the truth about it. This is a wonderful example about how a pro corporate bias in the media has warped the truth and controlled the minds of the American people with propaganda and advertising.

Posted by: Jake at August 30, 2003 8:41 AM

Not telling the whole truth is a method of lying. Just look at the president.

Posted by: Jake at August 30, 2003 8:43 AM

I think that anyone that believes that it's merely lazy reporting - or that this woman is making this up is willfully deluding themselves. This and many other cases where the media has spun a personal injury case based on corporate negligence have been used as a campaign in what is referred to as tort reform. Tort "reform" in this case meaning that the persons damaged or injured in these cases should have their damages limited by law. This benefits not the general public, but large corporations. Though I can't say that the American public is all that great at acting in its own best interest anyway. Can't wait til Arnie takes away the 40 hour week in my state...hell he's already giving away the farm in the energy scandal.

Posted by: Destroyer at October 15, 2003 5:37 AM

This lawsuit has been bandied back and forth by interested (but grossly uninformed or misinformed) Americans since it was first "reported" by the media. It's currently about 2:48am PST, and I'm reading all the comments because I was trying to find out who the lawyers were who handled Ms. Gilliam's case against McDonald's. This I'm doing because last July my 16-year-old son had his left great toenail torn off by a faulty door at a Kern County library. When I filed a claim against the county for damages, I was referred to the owner of the building whose insurance company (State Farm Insurance) has (as of yesterday, 12/17/03) offered me a whopping $1,000 settlement. It's a VERY risky prospect going up aginst a California county and a large insurance group combined. I've been up most of the night trying to decide if I have the resources (namely time and money) to take this to court. I'm currently unemployed but I pray this is only temporary. However, once I do go back to work, then I risk losing a new job because of court dates, etc. Any suggestions?

Posted by: V. Lyons at December 18, 2003 2:58 AM

Look just because your kid was playing in the library door and got his toenail caught is no reason for you to sue and bankrupt your local public library. I have had a nail pulled out before and it is a temporary injury. I would suggest that you get over your dreams of cash from a frivolous lawsuit and focus your attention to getting a job.

Posted by: Jake at December 18, 2003 10:07 AM

Couldn't have said it better myself Jake. Regarding the 81-year old, I'm sorry, but so what if she was mistreated by the McMachine lawyers. She screwed up and dropped the '20-degree hotter' coffee, and that's that. That's like the parent's kid who drops the frickin snow cone two feet from the place it was bought, then the parent rants and raves to get another one; and usually wins. It's just plain stupidity.

Posted by: Ed at February 4, 2004 1:01 PM

She had third degree burns. That is when you have blisters, craters and need skin grafs on her legs and crotch. McDonalds knew they were selling a dangerous product and they did not care.

Posted by: Jake at February 4, 2004 1:13 PM

this is WAY late, but i thought id say:


"I think the media sensationalizes stories more to draw a crowd than for some evil world domination plan. They need money to keep running."


the media needs money SO they can be sensationalist, etc. if they feel that they HAVE to be misleading and dishonest, who needs em?

Posted by: WiL at November 19, 2004 10:08 AM

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