McDonalds, hot coffee, is it a legitimate personal injury case? The case was decided nearly two decades ago, but people still talk about it, especially when they are talking about “crazy lawsuits.” Or at least people think about this case every time they are in a McDonald’s drive-thru.

But, there’s a story behind the case of the hot, hot coffee.

Keep smiling because it’s actually really interesting. Take notes and impress your friends and family at the next gathering.

The victim was a 79-year-old woman who was a passenger in her grandson’s car. She ordered a cup of coffee for 49 cents which was served to her in a Styrofoam cup. The grandson stopped the car to allow his grandmother to add cream and sugar to the coffee. She held onto the cup between her legs, trying to remove the lid. Unfortunately, during the process, the entire contents spilled onto her lap, burning her.

She was burned over 6 percent of her body and hospitalized for eight days while the doctors skin grafted her groin area with new skin. After this process, she asked McDonald’s for $20,000 to settle her claim. McDonalds refused.

The case went to trial and McDonalds had to admit that between 1982 and 1992 there were more than 700 similar claims for burns, some even third-degree burns. McDonalds did not act and refused to change anything.

McDonalds served its coffee at 180-190 degrees to “maintain taste” but they never considered the safety ramifications of serving coffee that hot, even knowing that anything between 180-190 degrees would cause third degree burns in two to seven seconds.

McDonalds admitted that anything served over 140 degrees would cause burns and was not fit for consumption, which should have been a concern to an establishment that served food, but they decided to keep the temperature 50 degrees hotter regardless. Though they argued that customers bought hot coffee to enjoy later, for example, at work, their own research showed that customers tried to consume the coffee as soon as they got it. Well, at least they tried once. And probably not again.

And yes, the victim was awarded $2.86 million but McDonalds appealed, the two sides settled, and a final amount remains confidential.

As for the original award of $2.86 million, it is believed that the jury came up with that number from the victim’s attorney who asked for what McDonalds made only in coffee sales for one or two days. That number in 1994? $1.35 million per day.

Some people may continue to look at this case as ‘crazy’ or ‘frivolous’ but it also stands as a good warning to companies to not disregard hundreds upon hundreds of injuries.

If you’ve been injured by a product, make sure to protect yourself. Enlist the help of an attorney from Christensen Law Firm. They have handled numerous cases and ensure accident victims are fully compensated and protected. They offer free consultations, peace of mind, and excellent results. Contact them today at 801-506-0800.

Summary of Elevator Injury Accident Near 40 East and 100 South

On Monday, March 8, 2010, a brick mason fell 40 feet from scaffolding inside an unfinished elevator shaft at the City Creek project located in downtown Salt Lake City, Utah. According to a Salt Lake Tribune news report, the nearest access point to the construction worker was about 20 feet above from where he had landed from his fall. It took emergency crews 45 minutes to hoist the injured victim through a rope-and-pulley system to ground level for medical treatment. The victim was taken to a local hospital with massive trauma over his entire body. He is currently listed in critical condition with possible brain trauma he sustained in this Utah accident. Investigators are still looking into what caused this man to fall from his work site and whether or not the City Creek project supervisors had implemented proper safety protocols.

My thoughts and prayers go out to the victim and his family of this tragic Utah accident. The extent of the victim’s internal injuries has not yet been released. I hope that the injuries he sustained are not catastrophic and that he will heal fully and quickly.

Fault and Liability Issues

Based on this news report, officials are still investigating the responsibility and possible fault of the company that the City Creak development project is under or whether the victim is responsible for this tragic accident. Since the project is state funded, the State of Utah can also be held responsible. As Salt Lake City personal injury attorneys, we remind the victim and his family that this accident case is an intricate one with many questions and many insurance companies to coordinate and work with. We remind the victim that even the time frame to file a claim can be reduced to a year due to the Utah statute of limitation when a government entity is considered a liable party. We highly recommend that the victim speak to an attorney as soon as possible to investigate whether City Creek safety managers are responsible, if OSHA safety standards were met and whether there were proper safeguards put in place at the spot where the victim fell like safety harnesses or restraints.

How to Protect Yourself

In such complex cases such as this one, an experienced Salt Lake City personal injury lawyer will be able to advise victims about their legal rights and options. A knowledgeable accident attorney will have experience working with Worker’s Compensation Fund, the State of Utah and understands how health insurance policies applies to cases involving private companies, government entities and personal injury.

The Christensen Law Firm, PLLC, will provide a free consultation to the injured victims and their family members. If you were involved in this incident or a similar incident and have questions as to your rights and legal options please feel free to give our experienced attorneys a call at 801.506.0800.

Utah is the home to many outdoor enthusiasts and if you are a local to this state you have likely gone camping with the help of a familiar outdoor product line: Coleman. W.C. Coleman began manufacturing lamps over 100 years ago and founded what is now known as “Coleman: The Outdoor Company.” Coleman’s website has a company history which professes the virtues of W.C. Coleman and explains how “Coleman became a way of life in America.”

Fast forward 100 years since W.C. Coleman first began manufacturing lanterns. It’s December 2005 and 7-year-old Trevor Daniels is on a camping trip in California with his family. His parents had purchased a Model 5053 ProCat PerfecTemp Coleman propane heater to aid in their outdoor excursion, placing the product in their camping trailer for warmth. The heater is designed to be used inside tents, campers and ice-fishing shanties to provide heat. Furthermore, the product was sold with a bold statement saying it was safe for indoor use.

Continue reading "Coleman Outdoor Camping Company Must Be Hiding Something Incriminating" »

Attorney Andrew Cohen recently wrote an article for CBS news analyzing a recent move by corporate America. According to the report, the U.S. Chamber of Commerce has asked President-elect Barack Obama to protect corporate interests in the U.S. litigation system, claiming this will help protect jobs in the failing economy. As Cohen noted, however, this economic crisis is largely a result of corporate greed. As Cohen sees it, corporate American is attempting to escape punishment for its mistakes and protecting the interests of Big Business.

Cohen noted that the Chamber has been lobbying for a deregulated industry and lax consumer protection laws for decades. For years, they have been successful. Congress has had little oversight over commerce and the mortgage industry and laws have been pushed that tend to favor employers rather than employees. As the economic crisis worsens, the nation is now seeing the results of these efforts.

Continue reading "American Corporations Ask Obama To Excuse Their Mistakes" »