The Truth About the "McDonald's Coffee Case"

Stella Liebeck was in the passenger seat of a when she was severely burned by McDonald's coffee. The coffee was served in a styrofoam cup at the drive-through window.

After receiving her order, the driver pulled his car forward and stopped momentarily so she could add cream and sugar to her coffee. She placed the cup between her knees and as she removed the lid, the coffee spilled into her lap.

Her sweatpants absorbed the coffee and held it next to her skin. A vascular surgeon found that she suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for 8 days and had skin grafting. She also underwent debridement treatments. Prior to going to trial she offered to settle her claim for $20,000, but McDonald's refused.

While waiting for trial, it was discovered that McDonald's had received more than 700 claims by people burned by its coffee. Many claims involved third-degree burns substantially similar to Liebeck's.

McDonald's also disclosed that based on a consultant's advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. However, the consultant admitted that he had not evaluated the safety ramifications at this temperature. Other establishments keep their coffee at substantially lower temperatures, and home brewed coffee is usually 135 to 140 degrees.

McDonald's quality assurance manager stated that the it enforces a requirement that coffee be kept at 185 degrees, plus or minus five degrees. He also agreed that a burn hazard exists with any food served at 140 degree or above, and that McDonald's coffee was not fit for human consumption because it would burn the mouth and throat and testified that McDonald's had no intention of reducing the "holding temperature" of its coffee.

Liebeck also proved that if her spill had involved coffee at 155 degrees, the liquid would have cooled and given her time to avoid a serious burn.

McDonald's contended that customers buy coffee on their way to work or home, intending to consume it there. However, its own records proved that customers intend to consume the coffee immediately while driving.

McDonald's also argued that consumers know coffee is hot and want it that way. However, it admitted that its customers were unaware that they could suffer third- degree burns from the coffee.

Liebeck was awarded $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded $2.7 million in punitive damages (about two days of McDonald's coffee sales).

After the trial, it was discovered found that the coffee at the local McDonald's had dropped to 158 degrees fahrenheit.

The trial court subsequently reduced the punitive award to $480,000 -- or three times compensatory damages. The judge stated that McDonald's was conduct reckless, callous and willful.

This case shows that large corporations will only change their greedy ways by paying large punitive damages verdicts. Media and politicians, without disclosing the true facts and corporate greed involved, attempt this use this case as proof that juries are out of control. However, the above stated facts reveal that even large corporations with cartoon mascots and happy meals are really only interested in one thing: profit.

DISCLAIMER
This information has been prepared only for general purposes and is not
legal advice. Presentation of this information is not intended to create an
attorney client relationship. Do not act upon this information without
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