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Have you been "burned" by a defective product in Kansas City? What can you learn from the famous McDonald's Coffee case?

“Liebeck v. McDonald’s Restaurant” is perhaps one of the most famous consumer vs. fast food chain product liability lawsuits. It set the precedent for what many large corporations now consider frivolous law suits. What these companies don't want you to know are certain details of this case (and many others like it) of which the general public is not aware.

Case Background:
In February of 1992, Stella Liebeck and her grandson paid a visit to an Albuquerque, NM McDonald’s restaurant and elected to get their order from the drive-thru. The 79 year-old woman was in the passenger seat of her grandson’s car when she received her order, a simple cup of coffee served in a styrofoam cup. What happened next changed everything.

Her grandson, Chris, pulled the car over so that she could add cream and sugar to her hot coffee. Disaster struck when Liebeck placed the cup on the seat between her legs and pulled the lid off. The entire cup of hot coffee spilled from the cup all over her lap causing severe third degree burns. Liebeck was wearing sweatpants at the time of the accident – the heavy cloth of her pants absorbed the coffee and trapped the heat against her skin.

Severity of the Injury:
Liebeck was hospitalized for eight days with what was described as full thickness burns, akathird-degree burns covering nearly 6% of her body including her inner thighs, perineum, buttocks, and genital/groin areas. She also suffered additional skin burns over 16 % of her body that were described as minor.

Did you know?
Documented evidence shows that between 1982 and 1992 more than 700 claims by people who have been burned by coffee purchased at a McDonald’s restaurant, including similar claims of third-degree burns.

How hot is too hot?
Home coffee pots, depending on brand and custom settings, tend to brew coffee with water temperatures somewhere between 135 and 140 degrees; however, back in 1992 McDonald’s was brewing theirs upwards of 185 and 190 degrees. This was at the suggestion of product consultants thinking the extreme high temperatures would help maintain the coffee’s taste.

A McDonalds' quality assurance manager testified in court that McDonald’s (at the time) required that coffee “be held in the pot at 185 degrees, plus or minus five degrees”, despite knowledge that a burn hazard exists with any food substance served at 140 degrees or above. The manager also testified that the company no plans to change their requirements at that point in time.

The Decision
Originally, Liebeck and her personal injury attorneys tried to get McDonald’s Restaurants to settle for $20,000, but McDonald’s refused. The defense’s argument rested on the notion that people who buy coffee from a place like McDonald’s usually intend on drinking the coffee when they get to work or home (especially when it’s purchased from the drive-thru), although the company’s own research indicated differently.

McDonald’s also argued that their customers were well aware of how hot the coffee was. They did, however, admit that they didn’t give proper warning that the intense heat of the coffee could cause third degree burns and the HOT label on the side of the cup was more of a reminder than a warning.

Despite finding McDonald’s at considerable fault for the injury, Liebeck was herself found 20% at fault. Her $200,000 judgment in compensatory damages was then reduced to $160,000 by the jury. Liebeck was also awarded $2.7 million in punitive damages; although that reward was then reduced to just $480,000 after the case went to trial just a short time later.

Did you know? Research into thermodynamics as they apply to human skin burns, has shown that liquids at 180 degrees will cause a full thickness burn to human skin in two to seven seconds. Similarly, liquids at 155 degrees will cool much quicker in the event of a spill, thus reducing chance for a severe injury.

If you or a loved one has been injured and have questions about potential product liability, please contact our Kansas City personal injury attorneys toll free at 888-348-2616 to schedule a free consultation. For questions about how to protect your injury claim, check out our free book: 10 Essential Steps You Must Take To Protect You Injury Claim.

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Kansas City, MO 64106

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