If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.

(Cracked)   We all have heard about frivolous lawsuits that make us laugh, but here are 5 famous ones that really did not happen   (cracked.com) divider line 71
    More: Interesting, frivolous litigation, bladder control, Mouseketeer, retrials, Disney characters, breathing difficulties, Judith Haimes  
•       •       •

18459 clicks; posted to Main » on 16 Jun 2013 at 3:00 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



71 Comments   (+0 »)
   
View Voting Results: Smartest and Funniest

Archived thread

First | « | 1 | 2 | » | Last | Show all
 
2013-06-16 05:35:26 PM

gibbon1: Problem is, McDonald's had the coffee machine dicked with after the accident. No one actually knows what temperature the coffee was at.


Cite???

"During the case, Liebeck's attorneys discovered that McDonald's required franchisees to serve coffee at 180-190 °F (82-88 °C)." ... "...and coffee continues to be served as hot or hotter today at McDonald's and chains like Starbucks"
-wikipedia
 
2013-06-16 05:36:00 PM
I've said it before and I'll say it again: I'm damn tired of being lied to by the media.

A perfect example happened here, in Florida, during hurricane season some years ago. The news kept telling us of this major, terrible, ginormous, historical storm that was set to hit our area. We all hunkered down and barricaded the doors, turned our TVs to the weather channel and watched as the storm came steadily closer.

When it hit, it was no stronger than a squall.

Somewhere along the way it had fizzled out. However, the local news media, not to be upstaged, were out in force, with reporters shown braving strong winds and drenching downpours along the beaches. My brother, a cop at the time, was on those beaches on patrol that night. He parked and watched news crews scurry around to find just the right spots to set up and wait for errant gusts of wind or an increase in the rain -- preferably backlit by a block of businesses -- to give the impression that the storm was worse than it actually was.

I still recall the 'hanging chad' mess played up by the national news during an election which made it sound like the majority of the State of Florida had deliberately screwed up the voting by NOT pushing hard enough to fully pop out a perforated circle on voting sheets. Apparently, a 'chad' 3/4 punched out was not an indicator that the voter had actually voted for that person.

Then we have the Infomercials. 99% of them exaggerate and lie their arses off to sell you their faulty products. Several of the companies are currently involved in litigation from pi$$ed off consumers and still hawk their products as the lawyers squabble.

BTW. Those Orgreenic no stick pans? Things stick to them. They work just fine for the first two or three times, then never work again. However, they are a nice, basic enamel pan.

I figure companies who hire pitchmen to sell their products ought to trigger suspicion in consumers immediately, since pitchmen earn their bucks by exaggerating the worth of whatever they sell. Professional liars.

The Internet is full of 'free samples' of products, where you need to provide a credit card to prove you're an adult. You get the free product, which usually performs as advertised -- only to discover that you didn't catch the nearly obscured information in the ad that you'd be charged monthly for refills until you called them to stop. Those refills or additional product would cost you twice as much as similar products purchased over the counter. Often, you might have problems actually getting anyone on the number listed to stop the charges.

The media blew the Clinton affair with Lewinski so far out of proportion that other nations were laughing at the US and our government nearly ground to a halt as the President tried to keep things rolling. That fiasco cost us billions.

I've seen ads for decades from banks, smoothly urging you to trust them and comforting you over your financial worries, encouraging you to get their low interest credit cards and showing how they coddle you when you enter their doors.

Then they screwed everyone over with the Housing Boom and mortgages. You took out a mortgage with a bank you trusted, and that bank sold your mortgage to a mortgage broker who sold it to investors who were only interested in profit.

Then came the foreclosure fiasco. The jump in interest rates. They started charging you for everything except walking in their doors. Even better, during the gas crisis, as people struggled with soaring costs, banks infested in crude, working to keep the prices high so as to maximize profit and then blamed it all on OPEC.

I once worked for a big name department store. We would get in these cheap shirts made in some foreign country. The managers would put them out at twice the normal price for a week or so, then, suddenly, they'd be 'ON SALE' at 50% off. So folks flocked in to buy the sale items, not knowing they were paying the actual full price for them.

Like I said, I'm tired of being lied to. However, I have no idea on how to make it stop.
 
2013-06-16 05:36:54 PM

Lord Dimwit: I mean, at some point, we have to fall back on common knowledge - cars don't have "don't stand in front of car when it is in motion" printed on the front bumper.


Caution, the edges of this sign are sharp.

/also, the bridge is out ahead.
 
2013-06-16 05:44:27 PM

skinink:  It always stuns me that the majority of people would never think that a big innocent corporation like McDonalds would be at fault in the lawsuit.



That's probably because McDonalds paid a lot of money to make sure people would remember that case in that manner.  Actually there's no probably about it. They did spent a lot of money to make sure people think of that case as a frivolous lawsuit instead of the culmination of several years of them screwing around AND being warned by authorities for doing so.

It's why when anyone tries the line "Do you really think company X cares about what people say about them?" the answer is always: Yes, yes they do.  So much that they will spend a great deal of time, effort and money to defend themselves.
 
2013-06-16 05:48:16 PM

Vexed Thespian: I like cracked.

I guess that makes me inferior to all of your tastes then huh?

seriously though, watch some of their after hours vids and come back and tell me cracked sucks.


I generally like it too, and most of their stuff is really well written and researched and has a good humor to it, but a lot of the stuff I've read recently is like they are trying too hard to be funny, are missing some facts, and well are just a big swing and a miss. Maybe new writers or editors, or maybe they need new writers and/or editors.
 
2013-06-16 05:49:32 PM
TonyDanza:
Errr...yeah, I'm with the "but that is what happened" folks.  She bought hot coffee (not hotter than coffee is supposed to be brewed at), put it in her lap, and spilled it.  She then sued, and was awarded a total of $2.9 mil.  The only part that you don't mention, and many people may not realize, is that the judge did reduce the amount awarded to $680,000.  However, that dollar amount is likely incorrect too, since Mcdonalds settled for an undisclosed amount, so nobody really knows how much she ended up getting.

Stick your shlong in water hot enough to melt the skin off.  Now, once you've finished screaming like a little pussy come here and explain to us in graphic detail exactly how much 3rd degree burns (that is all 3 major layers of skin just melted off) to an area with that many nerve endings hurts.  For added 'female effect' pull a pair of pantyhose over your shlong so the nylon can melt in to your flesh as well.

Should coffee be hot?  Yes.  Should coffee be hot enough to scold?  Yes.  Should coffee be hot enough to cause 3rd degree burns?  No actually it shouldn't.
 
2013-06-16 05:50:47 PM

Rik01: Like I said, I'm tired of being lied to. However, I have no idea on how to make it stop.


Stop expecting everything you see in the media to be the gospel truth, for starters.
 
2013-06-16 06:02:05 PM

Vaneshi: Stick your shlong in water hot enough to melt the skin off. Now, once you've finished screaming like a little pussy come here and explain to us in graphic detail exactly how much 3rd degree burns (that is all 3 major layers of skin just melted off) to an area with that many nerve endings hurts. For added 'female effect' pull a pair of pantyhose over your shlong so the nylon can melt in to your flesh as well.


Why on earth would he do that?  Is that why the lady spilled the coffee on herself, because someone like you told her to?

Vaneshi: Should coffee be hot? Yes. Should coffee be hot enough to scold? Yes. Should coffee be hot enough to cause 3rd degree burns? No actually it shouldn't.


Well, that's how it's still served industry-wide today. You better get a movement going against this dangerous scourge!
 
2013-06-16 06:03:45 PM

42_42_42: Obviously, the solution is to make all hot beverages and foods and anything that is dangerous or could be used in a dangerous manner illegal.

Or we could that the sensible route and tell people that do stupid things that cause injuries to themselves not to be so farking stupid next time.

Personally, I think that anyone that places a cup of hot coffee between their legs is accepting the risk that they could get severely burned. Anyone old enough to be drinking coffee and drinking a car who claims to not know they could get burned by placing said cup of hot coffee between their legs is a farking moron and should be eliminated from the gene pool forthwith.


Heh...I'd imagine third-degree burns to the crotch would make you WISH you'd been eliminated from the gene pool...
 
2013-06-16 06:18:37 PM

fredklein: Um, not exactly. Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her loss of income was approximately $5,000 for a total of approximately $18,000
- wikipedia

$18,000 =/= $20,000


I'll take the great wiki's word for it, since the 28k was me remembering something I read many beers ago.  But it's in line with what I said, the old lady wasn't asking for a million bucks, just something inline with actual expenses.

Really though the case as presented to us has very little to do with the facts themselves.
 
2013-06-16 06:55:39 PM

gibbon1: But it's in line with what I said, the old lady wasn't asking for a million bucks, just something inline with actual expenses.


Well... at first. Then it jumped to $90,000, then $300,000. Far, far, beyond 'actual expenses'.

Pre-trial

Liebeck sought to settle with McDonald's for $20,000 to cover her actual and anticipated expenses. Her past medical expenses were $10,500; her anticipated future medical expenses were approximately $2,500; and her loss of income was approximately $5,000 for a total of approximately $18,000.[13] Instead, the company offered only $800. When McDonald's refused to raise its offer, Liebeck retained Texas attorney Reed Morgan. Morgan filed suit in New Mexico District Court accusing McDonald's of "gross negligence" for selling coffee that was "unreasonably dangerous" and "defectively manufactured". McDonald's refused Morgan's offer to settle for $90,000.[2] Morgan offered to settle for $300,000, and a mediator suggested $225,000 just before trial, but McDonald's refused these final pre-trial attempts to settle.[2]
  -wiki
 
2013-06-16 07:00:34 PM

Vaneshi: Should coffee be hot? Yes. Should coffee be hot enough to scold? Yes. Should coffee be hot enough to cause 3rd degree burns? No actually it shouldn't.


Actually, yes.

To scald (I assume you meant that instead of "scold") means:

1. To burn with or as if with hot liquid or steam.
2. To subject to or treat with boiling water

Anything hot enough to scald can cause 3rd degree burns. Assuming you dump it in your lap, then sit in a puddle of it for up to 30 seconds.
 
2013-06-16 09:49:47 PM
Call me silly, but I have the feeling that spilled coffee shouldn't require skin graft operations.

Sure, coffee is supposed to be hot.  But there's a difference between hot and "oh look, it just burnt through three layers of skin".
 
2013-06-16 10:48:17 PM

To Wish Impossible Things: Call me silly, but I have the feeling that spilled coffee shouldn't require skin graft operations.

Sure, coffee is supposed to be hot.  But there's a difference between hot and "oh look, it just burnt through three layers of skin".


That's a perfectly reasonable statement, but I doubt you'll convince any of the people here who don't already believe that.
 
2013-06-16 10:48:34 PM

Rik01: I've said it before and I'll say it again: I'm damn tired of being lied to by the media.

A perfect example happened here, in Florida, during hurricane season some years ago. The news kept telling us of this major, terrible, ginormous, historical storm that was set to hit our area. We all hunkered down and barricaded the doors, turned our TVs to the weather channel and watched as the storm came steadily closer.

When it hit, it was no stronger than a squall.

Somewhere along the way it had fizzled out. However, the local news media, not to be upstaged, were out in force, with reporters shown braving strong winds and drenching downpours along the beaches. My brother, a cop at the time, was on those beaches on patrol that night. He parked and watched news crews scurry around to find just the right spots to set up and wait for errant gusts of wind or an increase in the rain -- preferably backlit by a block of businesses -- to give the impression that the storm was worse than it actually was.

I still recall the 'hanging chad' mess played up by the national news during an election which made it sound like the majority of the State of Florida had deliberately screwed up the voting by NOT pushing hard enough to fully pop out a perforated circle on voting sheets. Apparently, a 'chad' 3/4 punched out was not an indicator that the voter had actually voted for that person.

Then we have the Infomercials. 99% of them exaggerate and lie their arses off to sell you their faulty products. Several of the companies are currently involved in litigation from pi$$ed off consumers and still hawk their products as the lawyers squabble.

BTW. Those Orgreenic no stick pans? Things stick to them. They work just fine for the first two or three times, then never work again. However, they are a nice, basic enamel pan.

I figure companies who hire pitchmen to sell their products ought to trigger suspicion in consumers immediately, since pitchmen earn their bucks by exaggerating the worth of wh ...


dlcache.com
 
2013-06-16 11:17:02 PM

To Wish Impossible Things: Call me silly, but I have the feeling that spilled coffee shouldn't require skin graft operations.

Sure, coffee is supposed to be hot.  But there's a difference between hot and "oh look, it just burnt through three layers of skin".


Handle it carefully, handle it correctly, and it won't burn anything. As Millions of people can testify to every day.

ANYTHING can be mis-handled and cause injury. "Sure, knives are supposed to be sharp. But there's a difference between sharp and "oh look, I just cut off my fingers."
 
2013-06-16 11:55:46 PM
I've seen Disneyland backstage.  It was the only time in my life I had ever been there, in fact.

For a kid, I could see it being incredibly traumatic.  For me, at 26, it was incredibly cool to see how everything worked.
 
2013-06-17 01:26:25 AM
McDonald's may be 10% responsible for the burns but anyone with a half of a brain can attest to you that it's not smart to put a cup of scalding hot liquid between your legs. Especially if the lid isn't put on tight enough. That is why cup holders are made for such situations.
 
2013-06-17 02:10:40 AM
1) Do something so profoundly stupid than infants are smacking their foreheads in utter disbelief at how moronic you are
2) Be severely injured whilst doing the stupid
3) Sue any and every major corporation that could in any way have been involved in the stupid
4) Profit!

/lawsuit lottery ftw
//'merica!
 
2013-06-17 02:26:45 PM
fredklein: "Granted, it was reduced on appeal to something like $600,000. But she WAS careless and DID spill it on herself, and the jury DID award her almost $3 million."

Methinks someone doesn't understand the entire point of punitive damages.

If the only risk McD's faces is to pay the actual costs (less the negligent percentage that the victim would have to shoulder), and that only if they lost the case, then there is literally no incentive for them to do anything other than take every case to trial.  The vast majority of the (original) award was a clear message stating "don't be a dick", and Stella Liebeck was an almost incidental recipient of said award.

I, personally, don't have particular issues with forcing companies to eat large monetary penalties when they try to act like dicks.

(Mind you I live in Canada, where the medical cost underpinnings of this case would have dissolved in any event.  How much of the US's lawsuit industry was and will yet be fuelled by your insane health 'care' system?)

/trollies
 
2013-06-17 02:53:44 PM

BiffBolt: fredklein: "Granted, it was reduced on appeal to something like $600,000. But she WAS careless and DID spill it on herself, and the jury DID award her almost $3 million."

Methinks someone doesn't understand the entire point of punitive damages.


pu·ni·tive
Adjective
Inflicting or intended as punishment.


The whole point is that McDonalds DID NOTHING WRONG. They served her coffee, the same exact way they served (and still do serve) hundreds of millions of other people. The burn was HER fault. She carelessly handled the coffee, and spilled it on herself. Period. End of.

So, why, exactly, should they be punished? Because they have a lot of money? The bastards- running a successful business! They should be punished for that!

The vast majority of the (original) award was a clear message stating "don't be a dick",

McDonalds offered her money, despite the fact the entire thing was HER fault. How is that 'being a dick'?? Were they 'dickish' because they didn't offer her enough money for the injury she caused herself?

Besides, 'being a dick' is not illegal, and a jury should look at the actual facts of the case, and not rule based on who they feel 'is a dick'.

I, personally, don't have particular issues with forcing companies to eat large monetary penalties when they try to act like dicks.

I do. Because "The Company" did not 'act like a dick'. Some people in the company may (or may not) have done so. Blaming the entire company because of the actions of a few people in the company is like calling all blacks criminals because you saw one arrested once.

Besides, I don't think they 'acted like a dick'. As I pointed out above, they offered her money, despite it not being their fault.
 
Displayed 21 of 71 comments

First | « | 1 | 2 | » | Last | Show all

View Voting Results: Smartest and Funniest


This thread is archived, and closed to new comments.

Continue Farking
Submit a Link »






Report