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(NYPost)   Starbucks is the new McDonald's... for hot beverage lawsuits, anyway   (nypost.com) divider line 180
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7810 clicks; posted to Main » on 22 Nov 2008 at 10:29 AM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2008-11-22 09:17:36 AM
"He was a nice, young man, but he put the cover on so tight that when I went over to open it at the little counter to put sugar in, I just couldn't open it," Moltner told The Post.

*facepalm*

Did she get the first-ever screw on paper cup lid?
 
2008-11-22 10:24:34 AM
but her hospital ordeal worsened when she accidentally tumbled out of bed, suffering a fractured sacrum and herniated discs that put her under the knife yet again


Jesus Christ, did she fall into the store's cougar trap and get tarred and feathered too?
 
2008-11-22 10:34:45 AM
Yay! A thread where people can show their ignorance about the McDonald's coffee spill!

"OMG, COFFEE IS SUPPOSED TO BE HOT! TORT REFORM!"
 
2008-11-22 10:35:50 AM
She deserves the money. Starbucks negligently served her a deadly fluid and they deserve to pay.

She never would have fallen out of her bed and broken her hip if she weren't in the hospital being treated after Starbucks' murder attempt in the first place.
 
2008-11-22 10:36:02 AM
Her first problem was trying to order a regular-sized tea. Everyone knows there is no "regular" at Starbucks. Dummy.
 
182 [TotalFark]
2008-11-22 10:36:14 AM
Mugato:Jesus Christ, did she fall into the store's cougar trap and get tarred and feathered too?

HAHA!
 
2008-11-22 10:38:08 AM
Mugato: but her hospital ordeal worsened when she accidentally tumbled out of bed, suffering a fractured sacrum and herniated discs that put her under the knife yet again


Jesus Christ, did she fall into the store's cougar trap and get tarred and feathered too?


Do you really get to call in your own incompetance after the fact? I got burned so bad I didn't go to the hospital for a week and got gangrene!
 
2008-11-22 10:38:26 AM
To be fair those grande cups from Starbucks have the structural intregrity of sand. I've managed to squeeze one when the craptacular lids didn't fit on exactly and have it spray all over the place.
 
2008-11-22 10:39:07 AM
Those dirty tortfeasors...
 
2008-11-22 10:40:00 AM
It's only a matter of time until that Farker whose name escapes me--the one that enters every coffee lawsuit thread with a bunch of discredited talking points about how coffee is supposed to be served cold and the old bag in the McDonald's case did absolutely nothing wrong by squeezing a styrofoam cup between her thighs and a bunch of other untruths and then gets his ass handed to him by everyone else pointing out all the inconsistencies in his list of phony talking points--shows up here and gets his ass handed to him.

/Just finished making coffee for myself in my French press
//Poured a cup and measured the temp
///Tasty, 190 degrees, and somehow I managed to not incinerate myself.
 
2008-11-22 10:40:22 AM
People, if you're too stupid to work a cup of coffee without hurting yourself, please do humanity a favor and just kill yourselves.
 
2008-11-22 10:40:47 AM
It's about time these tea-rorists were held accountable for their actions.

I know, I know...it's early in the morning.
 
2008-11-22 10:42:02 AM
I guess this is the thread where people who supported the McDonald's lawsuit get to pretend they're more intelligent because they have the inside scoop on "what really happened" and they "know the real facts".

The reality is, everyone knows the real facts. Some of us just happen to think that choosing to use your groin as a cup holder while buckled into a moving removes some culpability from the person who sold you the beverage should that beverage spill onto your groin.

Now if you'll excuse me, I'm going to go strap a nailgun to my groin while mountain climbing. When a nail finally severs my testicle, I will deflect all responsibility for my actions and blame the nailgun maker. Maybe the mountain too.
 
2008-11-22 10:42:41 AM
I'm gonna have to go with: Black tea steeps at 212F, and I'm guessing they brew it fresh at Starbucks (but I don't know for sure). The cup says hot on it. You're standing at a counter, and the lid, which is properly secured - and I guess that's almost the point of the lawsuit - and then you spill it down your leg because you tussle with it too much.

If it had been easier to get off, complaints would come the other way. The employee who secured it had nothing to do with how tight the lid was, either. You can't jam a plastic lid on a paper cup any harder than 'on.'

The employees should have acted to help, so if that is the point of the lawsuit, I suppose it may have merit. What law did they break, though, other than being douchebags (or typical Starbucks employees?)

Also, sue the hospital if you managed to tumble out of their bed.
 
2008-11-22 10:43:10 AM
EEEEEEEEEEEEEEEEEEAAAAAAAAAAAAAAAAARRRRRRRGH! It burns a latte!

First, they burn the beans, now, they burn their customers. No surprise.
 
2008-11-22 10:43:32 AM
"none of the green-apron-wearing workers lifted a finger to help. "

...they can smell a impending lawsuit when they see one.


"I just couldn't open it,"

THAT would have been the time to ask a green-apron for help, not when you're rolling on the floor screaming "I'm going to sue!!!"
 
2008-11-22 10:43:43 AM
Date Rape Administrator: She deserves the money. Starbucks negligently served her a deadly fluid and they deserve to pay.

She never would have fallen out of her bed and broken her hip if she weren't in the hospital being treated after Starbucks' murder attempt in the first place.


4/10
 
2008-11-22 10:43:52 AM
"he put the cover on so tight that when I went over to open it at the little counter to put sugar in, I just couldn't open it,"

That's the basis of your case.

The coffee cup lid was on too tight.

That's a suing offense, and not just a sad story about how aging made you weak, and if you couldn't get it off, maybe you should have asked for help?

/sigh.

As a side note, I CAN understand a situation in which the coffee shop would be at fault... I remember going through a Tim Horton's drive through a few years ago on a coffee run for work. I guess they were out off those cardboard coffee holder things, so the person just jammed all of the coffees into a jury rigged box... which came apart as she passed this contraption through to me (before I even touched it) spilling hot coffee all over the inside of my car. I wasn't hurt or anything, but was a little annoyed to say the least.
 
2008-11-22 10:45:19 AM
Is this the thread where we all predict how the thread is going to go because no one has actually make any silly arguments yet, so we have to troll ourselves?

/3/10, Barakku
//Oh sure, call me a troll just because you disagree with me
///OH please, like anyone uses that language when not trolling
////*goes insane*
 
2008-11-22 10:45:21 AM
She should sue the farmer who planted the rubber tree from which the polymer was harvested to ship to the tire company which makes tires (who should be sued) who sends the tires to an automobile manufacturer who puts the tires on the car (who should be sued) who sold the car to a car dealer (who should be sued) who sold the car that brought her to starbucks (who should be sued) where she got a coffee that burned her which sent her to the hospital (who should be sued) where she fell out of bed and broke her tailbone and required numerous surgeries and rehab.
 
2008-11-22 10:45:26 AM
She should sue her father for giving her away to be married 51 years ago. Without being married, she would not have been a widow and not have needed the tea in the firstplace to console her on the loss of her husband. The preacher was negligent too.
 
2008-11-22 10:45:48 AM
bp1.blogger.com
 
2008-11-22 10:46:09 AM
LikeTheSearchEngine: You can't jam a plastic lid on a paper cup any harder than 'on.'

i just love this line.
 
2008-11-22 10:47:05 AM
She couldn't open it easily because the lid was properly secured. Damned if you do and damned if you don't.
 
2008-11-22 10:47:09 AM
Oh, boy, we can have a combination thread arguing about how hot is "hot," and "I hate Starbucks" wrapped up in one convenient package.

Prank Call of Cthulhu somehow I have managed to miss out on that one.

For the record, I drink coffee from all kinds of places. Freshly made and hot is a good start.
 
2008-11-22 10:49:43 AM
Malbar: The reality is, everyone knows the real facts. Some of us just happen to think that choosing to use your groin as a cup holder while buckled into a moving removes some culpability from the person who sold you the beverage should that beverage spill onto your groin.

You forgot the part about her testifying at the trial that she sat still for 30 seconds after it spilled, letting her absorbtive clothing do most of the damage.

Protip: If you spill a hot liquid on absorbtive material wrapped around your body, take it off. Don't sit there like a dunce for 30 seconds while it slowly scalds your flesh.
 
2008-11-22 10:49:51 AM
My grandma pulled the cap off her cup of coffee from "The Coffee Bean and Tea Leaf" in Oxnard, CA and spilled it all over her lap in my car. It didn't give her 2nd and 3rd degree burns, though. She complained that the lid was on too tight. But then, like any smart person would, she acknowledged that she should have asked for help with the lid.

/it was a long 400 mile trip home after that.
//sort of getting a kick out of these replies.
///Coffee Bean is so much better than Starbucks.
 
2008-11-22 10:52:01 AM
Schmea: As a side note, I CAN understand a situation in which the coffee shop would be at fault... I remember going through a Tim Horton's drive through a few years ago on a coffee run for work. I guess they were out off those cardboard coffee holder things, so the person just jammed all of the coffees into a jury rigged box... which came apart as she passed this contraption through to me (before I even touched it) spilling hot coffee all over the inside of my car. I wasn't hurt or anything, but was a little annoyed to say the least.

This can't be true. I have a minimum of one Tim Horton's coffee per day and I'm yet to receive a hot one. The hottest coffee I've ever had from Tim's would be best described as "kind of, sort of warm."
 
Qel
2008-11-22 10:52:12 AM
WAAAAAAAAAAAAAAAAAaaaaaaaaaaaaaaaaaaaaaaaaaaaaah!

This is why we stopped selling Hot Chocolate at the place I worked at in the mall.

Who gets hot choco? Kids.

Who sues our restaurant? The parents.

And we used real whipped cream too.
 
2008-11-22 10:52:32 AM
I seem to have the opposite problem. They only put the lid on halfway when I try to pick up the cup the sides squeeze in, the lid goes flying off, and lava-hot coffee splashes everywhere.
 
2008-11-22 10:54:00 AM
UJA...figures.
 
2008-11-22 10:54:03 AM
LikeTheSearchEngine: The employee who secured it had nothing to do with how tight the lid was, either. You can't jam a plastic lid on a paper cup any harder than 'on.'

These cups went to eleven.
 
2008-11-22 10:54:21 AM
Charlotte: I seem to have the opposite problem. They only put the lid on halfway when I try to pick up the cup the sides squeeze in, the lid goes flying off, and lava-hot coffee splashes everywhere.

oh! you should TOTALLY sue!
 
2008-11-22 10:55:06 AM
from a photoshop contest. not mine.

i215.photobucket.com
 
2008-11-22 10:55:16 AM
When I think of all the things I could have sued companies for in my life....

/ I guess I'm doing it wrong
 
2008-11-22 10:55:53 AM
she should have just went home and saved the what i dunno 3.50 they charge for a farking "grande" which a mother farking large size. She should have went home and made tea herself. There problem solved. Or is she gonna be too old and feeble to do that too and shes gonna spill the kettle with the boiling hot water and have it spill all over her leg and then shes going to sew the town, the hospital, her counselor, the water company, the company who made the tea kettle, and the gas company. What is wrong with America. Even the old folks are suing left and right. Just suck it up we know the economy sucks, but you suing every possible things isn't helping it out.


/Asshats at starbucks we are in america.
//When i say large i want a farking large not a farking grande.
///Die Starbucks and burn in hell, I will gladly make my own coffee from a coffee bean tree im growing myself.
 
2008-11-22 10:57:14 AM
daveb0rg: UJA...figures.

Unsolicited Java in Anus? That's hawt rough.
 
2008-11-22 10:57:31 AM
I_Can't_Believe_it's_not_Boutros: LikeTheSearchEngine: The employee who secured it had nothing to do with how tight the lid was, either. You can't jam a plastic lid on a paper cup any harder than 'on.'

These cups went to eleven.


Oh, I wasn't aware. In this case, the employee and establishment should definitely be sued.

I had a assumed a binary system, with regard to coffee cup and lid. I think that may have, indeed, been my first mistake.
 
2008-11-22 10:57:38 AM
Third-degree burns from a cup of hot water?

Scalding, maybe.

"It got on my left foot, my ankle and all of the toes."

That's what you get for going around, apparently barefoot or in open sandals, in February in NYC.
 
2008-11-22 10:57:44 AM
I'm calling shenanigans on this one. I SERIOUSLY doubt she had to have a skin graft from a cupful of hot water, even a grande cupful. Unless she had open shoes on, and managed to pour a slow, steady stream of water on a small area of skin, she got maybe 2 degree burns.

I'm sure because it's medical info we'll never see the truth, but this sounds like a major money grab to me.
 
2008-11-22 10:58:08 AM
I think the only thing the employees did wrong was inaction after the old biddy burned herself. Would a simple, "Are you okay?" be too much to ask.
 
2008-11-22 10:58:30 AM
LikeTheSearchEngine:

The employees should have acted to help, so if that is the point of the lawsuit, I suppose it may have merit.


Maybe they were busy serving other customers.
 
2008-11-22 10:58:32 AM
Danooli: oh! you should TOTALLY sue!

Perhaps I will! ... Would it be weird of me to continue getting my coffee there after suing them? It's pretty good.
 
2008-11-22 10:59:02 AM
Forget lawsuits. Just as a practical matter, McDonald's coffee is annoyingly, radically overheated. You buy one at the drive-through window and you have to drive 15 minutes before you can start drinking it. Whose idea was that?

/I love coffee.
//You can't taste 190 degree coffee.
///You can't taste coffee if you have to slurp it.
 
2008-11-22 11:00:09 AM
i215.photobucket.com
 
2008-11-22 11:01:10 AM
This (new window) is for everyone who brings up the McDonald's coffee case.

It is easy to sympathize with Angelina McMahon, severely injured by a common household beverage-- and, for all we can see, without fault on her part. Using the legal system to shift the costs of this injury to someone else may be attractive to the McMahons, but it would have bad consequences for coffee fanciers who like their beverage hot. First- party health and accident insurance deals with injuries of the kind Angelina suffered without the high costs of adjudication, and without potential side effects such as lukewarm coffee. We do not know whether the McMahons carried such insurance (directly or through an employer's health plan), but we are confident that Indiana law does not make Bunn and similar firms insurers through the tort system of the harms, even grievous ones, that are common to the human existence.

"It is easy to sympathize with Angelina McMahon, severely injured by a common household beverage-- and, for all we can see, without fault on her part. Using the legal system to shift the costs of this injury to someone else may be attractive to the McMahons, but it would have bad consequences for coffee fanciers who like their beverage hot. First- party health and accident insurance deals with injuries of the kind Angelina suffered without the high costs of adjudication, and without potential side effects such as lukewarm coffee. We do not know whether the McMahons carried such insurance (directly or through an employer's health plan), but we are confident that Indiana law does not make Bunn and similar firms insurers through the tort system of the harms, even grievous ones, that are common to the human existence."
 
2008-11-22 11:01:23 AM
MentalMoment: Third-degree burns from a cup of hot water?

Scalding, maybe.


This one is true. You can get very bad burns from water about, what, 170F, if you let the clothing it spills onto rest against your skin. I think the amount of time you have to get the fabric away from the skin is mere seconds if you spill something close to boiling on yourself.

While I think her claim is bogus (not knowing any more details than in the article), my point is that it is definitely possible to get third degree burns from near-boiling water.
 
2008-11-22 11:01:28 AM
Charlotte: Danooli: oh! you should TOTALLY sue!

Perhaps I will! ... Would it be weird of me to continue getting my coffee there after suing them? It's pretty good.


perhaps you should ask for free coffee for life?
 
2008-11-22 11:01:30 AM
"You don't know about McDonalds coffee. I DO!"
img395.imageshack.us
img395.imageshack.us">
 
2008-11-22 11:01:38 AM
Nakito: Forget lawsuits. Just as a practical matter, McDonald's coffee is annoyingly, radically overheated. You buy one at the drive-through window and you have to drive 15 minutes before you can start drinking it. Whose idea was that?

/I love coffee.
//You can't taste 190 degree coffee.
///You can't taste coffee if you have to slurp it.


No, no, this is absolutely normal and everyone should expect it!
 
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