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(CBS Sacramento)   Lawsuit: Man spills hot Starbucks tea on balls, can no longer play the piano   (sacramento.cbslocal.com) divider line
    More: Dumbass, Coffee, Burn, Pleading, third-degree burns, Pelvis, Tommy Piluyev, Glass, man's Starbucks order  
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2632 clicks; posted to Main » on 18 Sep 2020 at 12:05 AM (6 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2020-09-17 10:29:36 PM  
I'm so scared
 
2020-09-17 11:03:50 PM  
I bet they misspelled his name on the cup too.
 
2020-09-17 11:24:01 PM  

Mugato: I bet they misspelled his name on the cup too.


Fark user imageView Full Size
 
2020-09-17 11:34:07 PM  
This reminds me of the story years ago about the woman who spilled coffee on herself at I think a McDonald's drive through. Everyone laughed at her but coffee shouldn't be so hot that you get third degree burns.
 
2020-09-18 12:08:14 AM  

Mugato: This reminds me of the story years ago about the woman who spilled coffee on herself at I think a McDonald's drive through. Everyone laughed at her but coffee shouldn't be so hot that you get third degree burns.


Of course not, that's for wimps.  Real badasses drink plasma core coffee.
 
2020-09-18 12:09:39 AM  
If he can't play the piano, how is he going to play with his organ?
 
2020-09-18 12:14:30 AM  
"Full Bodied" Latte, I'm guessing.
Fark user imageView Full Size
 
2020-09-18 12:15:10 AM  
I guess I am an extremely lucky person. When I was a young kid I went running through the dining room to the kitchen just as my mom was coming out with a very large pot of freshly made coffee on a tray. I crashed right into her and the pot tipped over and most of the contents went onto my shoulder and part of my bag. All I wound up with was a really big blister and no lasting damage. Granted, as soon as the coffee hit me I turned around and ran straight upstairs to the bathroom, jumped in the tub, turned the cold water on, and put my shoulder underneath so that might have had something to do with it. I did not even need to go to the ER or see a Doctor. So it boggles my mind that people can get third degree burns from having tea spilled on them. Oh, I know it is possible, but sometimes my personal experience just makes me go, "what?"
 
2020-09-18 12:16:39 AM  
Was the tea still boiling? Why was it on a window sill?
 
2020-09-18 12:17:36 AM  
Fark user imageView Full Size
 
2020-09-18 12:18:02 AM  
I burned myself. No one I could sue. No one with money, anyway.
 
2020-09-18 12:20:14 AM  

Mock26: I guess I am an extremely lucky person. When I was a young kid I went running through the dining room to the kitchen just as my mom was coming out with a very large pot of freshly made coffee on a tray. I crashed right into her and the pot tipped over and most of the contents went onto my shoulder and part of my bag. All I wound up with was a really big blister and no lasting damage. Granted, as soon as the coffee hit me I turned around and ran straight upstairs to the bathroom, jumped in the tub, turned the cold water on, and put my shoulder underneath so that might have had something to do with it. I did not even need to go to the ER or see a Doctor. So it boggles my mind that people can get third degree burns from having tea spilled on them. Oh, I know it is possible, but sometimes my personal experience just makes me go, "what?"


A scald is no joke. That's why boiling oil attacks were barred by the pope!
 
2020-09-18 12:20:36 AM  
Help me Dr Zaius!
 
2020-09-18 12:23:11 AM  

Mugato: This reminds me of the story years ago about the woman who spilled coffee on herself at I think a McDonald's drive through. Everyone laughed at her but coffee shouldn't be so hot that you get third degree burns.


You would be surprised at how easy it is to get a third degree burn. According to the American Burn Association you can get a third degree burn by a 1 second exposure to liquid that is 155 degrees Fahrenheit/68 degrees Celsius.
 
2020-09-18 12:24:20 AM  

Mugato: This reminds me of the story years ago about the woman who spilled coffee on herself at I think a McDonald's drive through. Everyone laughed at her but coffee shouldn't be so hot that you get third degree burns.


Apparently that case is pretty awful.  People mocked it but the coffee was so hot the woman needed skin grafts, if I'm not mistaken.  Also McDonald's knew it was too hot but kept the coffee that temperature anyway. They had previous issues with it. But the case was mocked in the media as a frivolous lawsuit.  I've seen the photos from the burns the woman endured. McDonald's should have been forced to pay more.
 
2020-09-18 12:31:15 AM  

4seasons85!: Mugato: This reminds me of the story years ago about the woman who spilled coffee on herself at I think a McDonald's drive through. Everyone laughed at her but coffee shouldn't be so hot that you get third degree burns.

Apparently that case is pretty awful.  People mocked it but the coffee was so hot the woman needed skin grafts, if I'm not mistaken.  Also McDonald's knew it was too hot but kept the coffee that temperature anyway. They had previous issues with it. But the case was mocked in the media as a frivolous lawsuit.  I've seen the photos from the burns the woman endured. McDonald's should have been forced to pay more.


McDonald's absolutely knew. But they also knew if they kept coffee extremely hot, they could save money because hotter coffee stays fresh longer. They practically had a fund set aside as this was nowhere near their first lawsuit over the coffee. She only wanted help paying medical bills but once the facts came out, the jury awarded her the large sum.

I know there is at least a podcast or two about it. Interesting story because it became a right wing cause for tort reform and insulating corporate malfeasance
 
2020-09-18 12:36:22 AM  

Mock26: I guess I am an extremely lucky person. When I was a young kid I went running through the dining room to the kitchen just as my mom was coming out with a very large pot of freshly made coffee on a tray. I crashed right into her and the pot tipped over and most of the contents went onto my shoulder and part of my bag. All I wound up with was a really big blister and no lasting damage. Granted, as soon as the coffee hit me I turned around and ran straight upstairs to the bathroom, jumped in the tub, turned the cold water on, and put my shoulder underneath so that might have had something to do with it. I did not even need to go to the ER or see a Doctor. So it boggles my mind that people can get third degree burns from having tea spilled on them. Oh, I know it is possible, but sometimes my personal experience just makes me go, "what?"


Yeah, uhm, genital skin is a weeeee bit more sensative and becomes moreso as you age.
 
2020-09-18 12:44:33 AM  

kittyhas1000legs: Was the tea still boiling? Why was it on a window sill?


It was probably a drive-thru.

They usually brew tea there using a 190° hot water tap, from what I remember. Maybe he was wearing thin pants, but lower temperatures can cause burns.
 
2020-09-18 12:46:19 AM  

Mock26: onto my shoulder and part of my bag


glad your ball bag is ok
 
2020-09-18 12:47:43 AM  

Peter von Nostrand: McDonald's absolutely knew. But they also knew if they kept coffee extremely hot, they could save money because hotter coffee stays fresh longer.


I remember reading at the time, that they kept the coffee stored on the burners that hot because the higher temperature, (190F, iirc), hid the taste of the cheap beans they were buying.
 
2020-09-18 12:49:23 AM  

Mock26: I guess I am an extremely lucky person. When I was a young kid I went running through the dining room to the kitchen just as my mom was coming out with a very large pot of freshly made coffee on a tray. I crashed right into her and the pot tipped over and most of the contents went onto my shoulder and part of my bag. All I wound up with was a really big blister and no lasting damage. Granted, as soon as the coffee hit me I turned around and ran straight upstairs to the bathroom, jumped in the tub, turned the cold water on, and put my shoulder underneath so that might have had something to do with it. I did not even need to go to the ER or see a Doctor. So it boggles my mind that people can get third degree burns from having tea spilled on them. Oh, I know it is possible, but sometimes my personal experience just makes me go, "what?"


If only Starbucks had a bathtub he could jump into.
 
2020-09-18 1:03:39 AM  

Iggie: Peter von Nostrand: McDonald's absolutely knew. But they also knew if they kept coffee extremely hot, they could save money because hotter coffee stays fresh longer.

I remember reading at the time, that they kept the coffee stored on the burners that hot because the higher temperature, (190F, iirc), hid the taste of the cheap beans they were buying.


Could be, what I've read and a podcast discussed that they'd figured out they could save x millions with the hot coffee. Hiding crappy beans could be possible as well
 
2020-09-18 1:04:51 AM  
Sing us a song, you're the Starbucks man.
Sing us a song tonight...
'Cause we're all in the mood for an injury,
and you got us feelin' uptight.
 
2020-09-18 1:08:29 AM  
But can he sing castrado now?
 
2020-09-18 1:17:06 AM  
This is why I started wearing pants when I go to Starbucks.
 
2020-09-18 1:18:10 AM  

Mock26: I guess I am an extremely lucky person. When I was a young kid I went running through the dining room to the kitchen just as my mom was coming out with a very large pot of freshly made coffee on a tray. I crashed right into her and the pot tipped over and most of the contents went onto my shoulder and part of my bag. All I wound up with was a really big blister and no lasting damage. Granted, as soon as the coffee hit me I turned around and ran straight upstairs to the bathroom, jumped in the tub, turned the cold water on, and put my shoulder underneath so that might have had something to do with it. I did not even need to go to the ER or see a Doctor. So it boggles my mind that people can get third degree burns from having tea spilled on them. Oh, I know it is possible, but sometimes my personal experience just makes me go, "what?"



Clearly the upstairs bathroom tub and/or a bag of ice are immediately available in your car 10 miles away from home.
 
2020-09-18 1:21:07 AM  

4seasons85!: Mugato: This reminds me of the story years ago about the woman who spilled coffee on herself at I think a McDonald's drive through. Everyone laughed at her but coffee shouldn't be so hot that you get third degree burns.

Apparently that case is pretty awful.  People mocked it but the coffee was so hot the woman needed skin grafts, if I'm not mistaken.  Also McDonald's knew it was too hot but kept the coffee that temperature anyway. They had previous issues with it. But the case was mocked in the media as a frivolous lawsuit.  I've seen the photos from the burns the woman endured. McDonald's should have been forced to pay more.


Her labia fused together.

Her meat curtains.... became one. That's how farking hot it was.

Mcdonalds could've walked away with only paying 20 grand, but decided to fight it despite internal documents from their own QA people saying it was too hot, existing fines for their coffee being too hot, and having to pay out hundreds of thousands in other lawsuits for the exact same thing.  Not too mention that their excuse was that it was for people who come through the drive thru even though their own internal polling showed that most people tried to drink it right away no matter what, and they served the exact same coffee to the people who were dining in.  Also, something like 70% of the coffees ordered at the time were dine in too.  So the court didn't buy the "we're doing it for 30% of the customers who drink it later due to them driving even though our own studies that have been around for years state otherwise."

Even the website that was created mocking her by aggregating frivolous lawsuits under her name ran a retraction and apology once facts came out in case....

And the site was run by lawyers.

Everything people thought they knew was from the media, the same media that accepted millions upon millions of dollars from McDonald's each year for running their ads.

Irony being the same people who tout how bad the media is are the same people that will use this case about how nobody takes personal responsibility for their OWN actions anymore.  Despite the court finding her 20% liable for her own actions and knocking 20% off the final verdict.
 
2020-09-18 1:21:18 AM  

Peter von Nostrand: 4seasons85!: Mugato: This reminds me of the story years ago about the woman who spilled coffee on herself at I think a McDonald's drive through. Everyone laughed at her but coffee shouldn't be so hot that you get third degree burns.

Apparently that case is pretty awful.  People mocked it but the coffee was so hot the woman needed skin grafts, if I'm not mistaken.  Also McDonald's knew it was too hot but kept the coffee that temperature anyway. They had previous issues with it. But the case was mocked in the media as a frivolous lawsuit.  I've seen the photos from the burns the woman endured. McDonald's should have been forced to pay more.

McDonald's absolutely knew. But they also knew if they kept coffee extremely hot, they could save money because hotter coffee stays fresh longer. They practically had a fund set aside as this was nowhere near their first lawsuit over the coffee. She only wanted help paying medical bills but once the facts came out, the jury awarded her the large sum.

I know there is at least a podcast or two about it. Interesting story because it became a right wing cause for tort reform and insulating corporate malfeasance


Good doc on that case and the push for tort reform is Hot Coffee.
 
2020-09-18 1:22:38 AM  
Fark user imageView Full Size
 
2020-09-18 1:44:28 AM  
The part of the McD's case that bothers me is that, based on what I read, the woman who got burned was taken there by her grandson or something. Anyway, this guy did not have cupholders in his car and so she had to hold the coffee and fiddle with it in such a way that if anything went wrong it would spill all over her.

That guy is the one to blame. How do you take an older person out for coffee and not at least hold the coffee for them while they do whatever it is they need to do? That's assuming you insist they take care of things in the car rather than ask them if they'd like to get a table and drink it inside, which is what I would do. But I'm particular about people eating or drinking anything in my car. There's no way I'm driving around while someone is trying to add cream and sugar to a cup of coffee in their lap. If we hit a bump then that shiat is spilling on my seats and carpet, no thanks.

It shouldn't matter how hot the coffee or tea is, once that cup is in your possession it's on you to stay safe with it. If it's too hot, don't drink it. Don't pop the lid off unless you are prepared to deal with a spill. If you set it down somewhere, like a window sill, then the person who knocks it down is to blame for what happens after that. That's my view on it. If the cup itself is defective, now Starbucks or whoever is to blame. If the lid was defective, Starbucks is to blame. If the employee didn't place the lid on properly, why didn't you? I've received drinks from coffees to sodas that didn't have the lids properly attached. You know what I did? I reseated the lids so they were properly attached before I did anything else. It's so obvious when the lids aren't on right.
 
2020-09-18 1:47:57 AM  

Birnone: The part of the McD's case that bothers me is that, based on what I read, the woman who got burned was taken there by her grandson or something. Anyway, this guy did not have cupholders in his car and so she had to hold the coffee and fiddle with it in such a way that if anything went wrong it would spill all over her.

That guy is the one to blame. How do you take an older person out for coffee and not at least hold the coffee for them while they do whatever it is they need to do? That's assuming you insist they take care of things in the car rather than ask them if they'd like to get a table and drink it inside, which is what I would do. But I'm particular about people eating or drinking anything in my car. There's no way I'm driving around while someone is trying to add cream and sugar to a cup of coffee in their lap. If we hit a bump then that shiat is spilling on my seats and carpet, no thanks.

It shouldn't matter how hot the coffee or tea is, once that cup is in your possession it's on you to stay safe with it. If it's too hot, don't drink it. Don't pop the lid off unless you are prepared to deal with a spill. If you set it down somewhere, like a window sill, then the person who knocks it down is to blame for what happens after that. That's my view on it. If the cup itself is defective, now Starbucks or whoever is to blame. If the lid was defective, Starbucks is to blame. If the employee didn't place the lid on properly, why didn't you? I've received drinks from coffees to sodas that didn't have the lids properly attached. You know what I did? I reseated the lids so they were properly attached before I did anything else. It's so obvious when the lids aren't on right.


That's a lot of words for "I don't know what I'm talking about".
 
2020-09-18 2:55:24 AM  
Reason #6,472 why Starbucks is teh suck.
 
2020-09-18 3:07:16 AM  

Mock26: I guess I am an extremely lucky person. When I was a young kid...



Youth often helps a lot of injuries. That, and home brewing of beverages is usually to barely boiling, not clearly far beyond boiling.

Which is another reason that no person who identifies as a "connoisseur" will have store-brewed "dark roast" coffee. Burnt water, burnt beans, blech. That shiat's only good for AA meetings and contractors.
 
2020-09-18 3:10:43 AM  
Welp, enjoy your luke warm  brownish water everyone.
 
2020-09-18 3:20:33 AM  

big pig peaches: Welp, enjoy your luke warm  brownish water everyone.


If you don't have the palate to appreciate a proper light roast, you probably ought to stick to burnt muddy water, yes.
 
2020-09-18 3:29:40 AM  

Birnone: The part of the McD's case that bothers me is that, based on what I read, the woman who got burned was taken there by her grandson or something. Anyway, this guy did not have cupholders in his car and so she had to hold the coffee and fiddle with it in such a way that if anything went wrong it would spill all over her.

That guy is the one to blame. How do you take an older person out for coffee and not at least hold the coffee for them while they do whatever it is they need to do? That's assuming you insist they take care of things in the car rather than ask them if they'd like to get a table and drink it inside, which is what I would do. But I'm particular about people eating or drinking anything in my car. There's no way I'm driving around while someone is trying to add cream and sugar to a cup of coffee in their lap. If we hit a bump then that shiat is spilling on my seats and carpet, no thanks.

It shouldn't matter how hot the coffee or tea is, once that cup is in your possession it's on you to stay safe with it. If it's too hot, don't drink it. Don't pop the lid off unless you are prepared to deal with a spill. If you set it down somewhere, like a window sill, then the person who knocks it down is to blame for what happens after that. That's my view on it. If the cup itself is defective, now Starbucks or whoever is to blame. If the lid was defective, Starbucks is to blame. If the employee didn't place the lid on properly, why didn't you? I've received drinks from coffees to sodas that didn't have the lids properly attached. You know what I did? I reseated the lids so they were properly attached before I did anything else. It's so obvious when the lids aren't on right.


Well that's in direct contradiction of McDonald's own quality assurance director who filed a memo and testified in court that the coffee that was served by McDonald's was "not fit for human consumption" and the temp it was served at.

There is a thing in court that is called the "reasonable man" standard and the court found that it is a reasonable to expect people to spill drinks.  shiat happens.  And combine with the fact that internally McD's KNEW THEIR COFFEE WAS TOO HOT TO SERVE AND CONSUME. That it was a reasonable assumption that people would spill and get burned by the coffee too hot to consume.

Oh, that and between 1982 and 1992 mcdonalds had to pay out hundreds of thousands in similar cases to over 700 other people.

That and they admitted in court, on record that they knew it was unsafe... for over 10 years.  Let me repeat that McD's, under oath, admitted that they knew for over 10 years their product was unsafe, but still did it.

That and they served it 40-50 degrees hotter than industry standard.

So whatever you may feel about the case is just that.  You're feelings.  Not what actually happened or what is considered reasonable.  Companies have what is called a duty of care.  Which basically means that they are expected to reduce risk for consumers of their product if they have knowledge of it's danger.... which they did.

So if this case was completely out of the blue and they had no idea their coffee temps were dangerous and this happened, you'd be right.  Case would be different.  They may have still had to pay something, but not nearly as much.

But instead.  They knew people spill, shiat happens, it is reasonable to expect people to spill.  It's almost unreasonable to expect it not to happen.  And they knowingly served coffee hot enough to cause 3rd degree burns.

So your feelings on this matter mean absolutely nothing in a country where, at least for now, we have regulations and expectations of companies to reduce risk where possible and reasonable.
 
2020-09-18 5:00:09 AM  

cyberspacedout: kittyhas1000legs: Was the tea still boiling? Why was it on a window sill?

It was probably a drive-thru.

They usually brew tea there using a 190° hot water tap, from what I remember. Maybe he was wearing thin pants, but lower temperatures can cause burns.


They might have used the steam wand on the espresso maker. I've had tea made that way and it's hotter than the plasma at the core of the sun. I won't get tea from a coffee shop because I'm tired of feeling the skin on my fingers flake and bubble when I pick up the cup.
 
2020-09-18 6:06:22 AM  

dkulprit: That and they admitted in court, on record that they knew it was unsafe... for over 10 years.  Let me repeat that McD's, under oath, admitted that they knew for over 10 years their product was unsafe, but still did it.


Sure it's unsafe, if you drink it at that temperature or if you spill it on yourself. The truth is if this woman hadn't spilled it on herself then that coffee would still be sold that way. I know law is one thing, opinions are another. I just gave my opinion that's all.
 
2020-09-18 6:17:41 AM  
Anyone who boils a wiener is a loser anyway.
Grilled or fire roasted for the win.

Wieners tag.
 
2020-09-18 7:09:40 AM  

leeksfromchichis: Mock26: I guess I am an extremely lucky person. When I was a young kid I went running through the dining room to the kitchen just as my mom was coming out with a very large pot of freshly made coffee on a tray. I crashed right into her and the pot tipped over and most of the contents went onto my shoulder and part of my bag. All I wound up with was a really big blister and no lasting damage. Granted, as soon as the coffee hit me I turned around and ran straight upstairs to the bathroom, jumped in the tub, turned the cold water on, and put my shoulder underneath so that might have had something to do with it. I did not even need to go to the ER or see a Doctor. So it boggles my mind that people can get third degree burns from having tea spilled on them. Oh, I know it is possible, but sometimes my personal experience just makes me go, "what?"

A scald is no joke. That's why boiling oil attacks were barred by the pope!


You doubters-a might've said it was a cardinal, nope! It was-a da POPE!

/random Sweeney Todd reference
 
2020-09-18 7:10:10 AM  
Also, obligatory:

i.gifer.comView Full Size
 
2020-09-18 7:33:04 AM  
I picture the guy squeezing the tea cup like a meatball and it all just falling over him while he looks up at the worker and asks in true Chris Farley fashion, "what'd you do?!?"
 
2020-09-18 7:54:20 AM  
His injuries were so severe, according to Piluyev's attorney, that intimacy is now painful and awkward

Fark user imageView Full Size


Ok Farkers, it's time for us to do the right thing, and volunteer to step in and keep her satisfied while he's on the mend.
 
2020-09-18 8:13:42 AM  

starsrift: big pig peaches: Welp, enjoy your luke warm  brownish water everyone.

If you don't have the palate to appreciate a proper light roast, you probably ought to stick to burnt muddy water, yes.


e.lvme.meView Full Size
 
2020-09-18 8:14:30 AM  
Look on the bright side: at least it wasn't their coffee. He'd never have gotten the smell out.
 
2020-09-18 8:22:09 AM  
My mom's cat (who is now my cat having outlived her) knocked a cup of hot coffee onto her arm a few years before she died and the burns were horrific. The doctor thought she might lose the use of her arm!  This was just regular coffee she made herself in her kitchen-- it already had milk in it when it spilled.  Scalding burns are no joke especially on old people.
I would not want to be burned on my private area at any age.  Or on my sensitive tentacles.
 
2020-09-18 8:33:56 AM  
"I'll *slurp* take the case."

i.cdn.turner.comView Full Size
 
2020-09-18 8:42:11 AM  

yuthinasia: If he can't play the piano, how is he going to play with his organ?


He plays the piano but I hear he sucks on the organ.
 
2020-09-18 8:46:35 AM  

Birnone: The part of the McD's case that bothers me is that, based on what I read, the woman who got burned was taken there by her grandson or something. Anyway, this guy did not have cupholders in his car and so she had to hold the coffee and fiddle with it in such a way that if anything went wrong it would spill all over her.

That guy is the one to blame. How do you take an older person out for coffee and not at least hold the coffee for them while they do whatever it is they need to do? That's assuming you insist they take care of things in the car rather than ask them if they'd like to get a table and drink it inside, which is what I would do. But I'm particular about people eating or drinking anything in my car. There's no way I'm driving around while someone is trying to add cream and sugar to a cup of coffee in their lap. If we hit a bump then that shiat is spilling on my seats and carpet, no thanks.

It shouldn't matter how hot the coffee or tea is, once that cup is in your possession it's on you to stay safe with it. If it's too hot, don't drink it. Don't pop the lid off unless you are prepared to deal with a spill. If you set it down somewhere, like a window sill, then the person who knocks it down is to blame for what happens after that. That's my view on it. If the cup itself is defective, now Starbucks or whoever is to blame. If the lid was defective, Starbucks is to blame. If the employee didn't place the lid on properly, why didn't you? I've received drinks from coffees to sodas that didn't have the lids properly attached. You know what I did? I reseated the lids so they were properly attached before I did anything else. It's so obvious when the lids aren't on right.


I am sorry, McDonalds shouldn't hand you a drink that can cause this period.
Fark user imageView Full Size
 
2020-09-18 8:49:51 AM  
I didn't realize that Randy Cassingham's website The Stella Awards was still up and running. He gives a pretty quick synopsis of Liebeck v. McDonald's.
 
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