Last Updated: Mar 5, 2012
Read Time: 4 mins
Scalded Privates: The Short (But Real) Story Behind the Supposedly “Frivolous” McDonald’s Hot Coffee Lawsuit
“Can you believe it? Some lady got millions for burning herself with her own hot coffee from McDonald’s!”
You’ve no doubt heard all the talk before. The case has become the poster child for so-called frivolous lawsuits and politicians screaming for silly tort reform. The verdict supposedly represents everything that’s wrong with America and the legal system.
Of course, there’s only one problem: the legend has outgrown the truth.
As Paul Harvey used to say: “And now, here’s the rest of the story.”
- The plaintiff was Ms. Stella Liebeck. She was a grandmother who attempted multiple times to settle her case with McDonald’s. They refused.
- She wasn’t driving down the street when she got burned. She was a passenger in a stopped vehicle. They had ordered coffee at the drive-thru window. After receiving the order, her grandson pulled his car forward and stopped momentarily so that she could add cream and sugar. The coffee spilled when she was attempting to remove that hard plastic lid from the little cheap styrofoam cup.
- The coffee wasn’t just hot — it was scalding. Indeed, it was discovered during the case that McDonald’s actively enforced a requirement that its restaurants keep coffee at 180-190 degrees Fahrenheit — only a few degrees away from the boiling point! By comparison, home coffee makers generally maintain coffee at 135-140 degrees.
- Notwithstanding, a McDonald’s’ quality assurance manager testified that the company enforced the 185 degree requirement even thought they knew a burn hazard existed with any food substance greater than 140 degrees, and that it was not fit for human consumption because it would burn the mouth and throat, and cause full thickness burn injuries to the skin in only 2-7 seconds.
- In fact, McDonald’s produced documents showing that there were more than 700 other claims by other people similarly burned by its coffee over a 10- year-period. McDonald’s quite clearly knew the risk involved and simply chose to ignore it.
- Ms. Liebeck’s injuries were legitimate. In fact, they were horrendous. Her vascular surgeon determined that she suffered full thickness burns (3rd degree burns) over 6 percent of her body — including her inner thighs, perineum, buttocks, and genital and groin areas. (See the photo below if you have a strong enough stomach.)
- She was hospitalized for 8 days, during which time she underwent skin grafts in her genital area.
- Despite these grotesque injuries, Ms. Liebeck merely asked McDonald’s to pay for the cost of her medical treatment, and offered to settle the case for only $20,000. They refused.
- At the end of the day, this wasn’t a runaway jury. Indeed, Ms. Liebeck was only awarded $200,000 in compensatory damages. And even this amount was reduced to $160,000 because the jury found Ms. Liebeck 20 percent at fault for the spill, and thus they made a corresponding 20% reduction to the damages.
- Based on the evidence of past claims and McDonald’s conscious decision to ignore a substantial risk, the jury also awarded $2.7 million in punitive damages. The idea behind punitive damages is to make sure the defendant is properly motivated to change its conduct by taking into account the fact that there were other instances of egregious damages for which they might have escaped appropriate responsibility. And even then, the $2.7 million punitive verdict only equaled about 2 days of coffee sales at McDonald’s. 2 whole days.
- And the court reduced even that amount to only $480,000.
So take a look at the photo and ask yourself whether you’d willingly trade those injuries and skin grafts to genitalia for a mere $600,000.
No way. Not me. No thanks.
Doesn’t sound so “frivolous” anymore, does it?
Patterson Bray
20+ Years of Experience
24/7 Call Answering
Nashville & Memphis Offices
Reach out to Patterson Bray and an attorney will follow up with you soon.
Posted on Google Ashton HTrustindex verifies that the original source of the review is Google. We’ve had an outstanding experience with this firm across multiple needs, including trust document creation and forming an LLC. From start to finish, they were professional and proactive. They made sure we understood every step of the process and checked in to confirm our preferences, as well as offering thoughtful alternatives whenever something didn’t feel like a good fit. That level of communication and attention to detail is rare. Every interaction built confidence that we were in the right hands. They not only handled the legal work effectively, but also made the entire process feel manageable and well-guided. We cannot recommend them highly enough and will absolutely continue using them in the future.Posted on Google Judy sTrustindex verifies that the original source of the review is Google. Attorney Judith Denham and her legal assistant, Gaby Wright, made a great team in creating a trust for me. Judith explained everything in a clear, cohesive way and set up a trust in a timely manner. She gave me a binder for my trust with all the legal paperwork sectioned off in tabs so I can find things easily. When I had questions, Judith and Gaby were responsive and helpful. I give them my highest recommendation.Posted on Google Nancy JTrustindex verifies that the original source of the review is Google. I am so pleased with my new relationship with Judith Dunham and her fantastic team! They helped me create a Trust and end of life documents that I understand and feel very comfortable with. It’s a relief to have this life task well updated and I’m very grateful to Judith, Gabby and the whole team! If you’re looking for very professional, reliable assistance with these type documents, they are wonderful!Posted on Google Davis WTrustindex verifies that the original source of the review is Google. This website was clear and easy to navigate. It does a good job of explaining services and further supports itself with testimonials.Posted on Google MTrustindex verifies that the original source of the review is Google. I had a few (what I would consider) silly questions to ask the legal team at Patterson Bray PLLC. Having very little knowledge of the situation I needed clarity on, I had no idea what to expect. I was met with nothing but professionalism and warmth from attorney Rachel Meadows. She gave me information I didn’t even remotely consider, and my questions were thoroughly answered without judgement. She could have certainly given me less detailed responses, but I felt that she genuinely cared about my situation, and appreciated her taking me seriously. I’m extremely impressed with the service I received from this law firm and will happily recommend it.Posted on Google Zack CTrustindex verifies that the original source of the review is Google. After bringing up my specific legal issue, I was quickly and throughly informed on how to get started with hiring an attorney as well as informed on whether or not I have a claim to begin with. They answered all of my questions professionally to a point that I feel extremely satisfied with using their services.Posted on Google Dennis nTrustindex verifies that the original source of the review is Google. Very clearly explained their pricing structure. Rachel was wonderful to speak with.Posted on Google Marilyn ATrustindex verifies that the original source of the review is Google. Carlisle Dale was very helpful with Estate Planning; outlined strategy, estimates and followed-up promptly with well organized deliverables. Thank you!
comes next.