Liebeck V. Mcdonald's. Restaurants

Topics: Food safety, Foodborne illness, McDonald's Pages: 5 (2021 words) Published: April 29, 2013
1. Describe the company and the product safety issue that led to the lawsuit The name of this case in this report is the Liebeck v. McDonald's. Restaurants and the court in which the lawsuit was filed was The Second Judicial District Court in Bernalillo County, New Mexico. The lawsuit was filed with the original complaint was filed on March 21, 1993, and the plaintiff only sued P.T.S., Inc., a New Mexico corporation and the local franchise operator. “McDonald’s coffee spill" tort case became a widely known court case in the United States and internationally. When this case appeared on the news it was it brought a lot of attention and made a mockery of by radio talk-show hosts, television and newspaper editors around the world and throughout the United States in a case where a 79 year old women spilling hot McDonald's coffee on herself while in a car as a result of it is she than sued McDonald's receiving a cool 2.9 million dollars from a jury that showed sympathy in the situation. The first McDonald's restaurant opened in San Bernardino, California by Richard and Maurice McDonald in 1948 and since then McDonald has become the world's leading food service organization generating more than $40 billion in system wide sale and operating over thirty thousand restaurants in more than one hundred countries on six continents. The Liebeck case became a story widely known to considerate number of law suits that were meaningless, quarrelsome plaintiffs and juries that were out of control in the U S. In fueling "tort reform “ it was used as a major weapon in the United States, and in foreign countries in opposing or favoring legal changes leading to or avoid, respectively, the excesses and dysfunction of the United States' tort litigation system. In the decision of this case of the United States 1994 election campaigns "tort reform" there was a large platform in the Republican Party's support and "Contract with America." Advocates in this case regularly and constantly discussed tort reform during and after campaigns, as landslides in the elections gathered Republicans control, the U.S. Congress and state legislatures, tort reform became one of the major items in legislative program. A magazine called Newsweek labeled Stella Liebeck’s situation as the "poster lady" that was unwilling for the tort reform movement and in Washington, D.C., where local media was filled with political advertisements referring to the McDonald's coffee-spill horror-story finally pushed through a federal product liability law giving one hundred percent in efforts in the United States where Liebeck case was used as a valuable source in efforts of state-law tort-reforms. In this case Mrs. Liebeck wasn’t driving the car the time the coffee spilled on her. The coffee was between her knees at the time and was taking the top off to pour cream and sugar into it, and while at a stop in the parking lot in the front passenger seat while removing the lid, the whole cup of coffee spilled onto Mrs Liebeck’s sweatpants were it absorbed through her pants held next to her skin. The coffee purchase resulted in severe excruciatingly pain and suffering of third-degree burns to over 6 percent of her body to her groin, thighs and buttocks , multiple surgical skin grafts, a seven days at the hospital stay and medical bills totaling $200,000. Ms Lieback had never filed a lawsuit and didn’t have any intentions but McDonald’s refused to help her pay any of her medical bills after just asking for $20,000 to pay some of her bills. All McDonald’s wanted to offer was no more than a merely $800 so of course this case went to trial. 2. Discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolved, and why you agree with the decision in the case During the trial the jury made a decision in Mrs. Liebeck being partially responsible and as a result compensation was reduced for her injuries. Having over 700 reports throughout the country there...
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