Punitive Damages
Punitive Damages
Trisha D. Bowman
Civil & Criminal Justice
Professor Connor
Punitive Damages Punitive damages are those that have surpassed simple compensation and that have been awarded to punish the defendant. These damages are usually only awarded in special cases and in civil court cases. In some states, punitive damages are based on statute; in other states, they are based on case law. There is no maximum amount of money that a defendant can be ordered to pay. After researching different cases with punitive damages, two different ones stuck out to me: one that I agree with and one that I disagree with. In 1992, Stella Liebeck, a 72-year-old woman, went through her local McDonald’s drive-thru to get a cup of coffee. The coffee spilled on her lap, resulting in third-degree burns on her thighs. Her injuries caused her to sue McDonald’s. In the beginning, she offered to settle the case for $20,000, which would have covered her medical expenses and her lost income. McDonald’s, however, never offered any more than $800. The case went to trial. The jury found Liebeck partially-liable, which reduced her compensation that she would receive. But because McDonald’s had not been willing to correct their policy about their coffee temperature, even after hundreds of other injuries before this, the judge awarded Liebeck $2.7 million dollars. I agree with the ending of this case. I do see how Liebeck was at fault; she shouldn’t have had the coffee anywhere near her body while trying to open the lid. But had McDonald’s just changed their policy and changed the temperature of the coffee, Liebeck wouldn’t have been burned as badly as she had
Trisha D. Bowman
Civil & Criminal Justice
Professor Connor
Punitive Damages Punitive damages are those that have surpassed simple compensation and that have been awarded to punish the defendant. These damages are usually only awarded in special cases and in civil court cases. In some states, punitive damages are based on statute; in other states, they are based on case law. There is no maximum amount of money that a defendant can be ordered to pay. After researching different cases with punitive damages, two different ones stuck out to me: one that I agree with and one that I disagree with. In 1992, Stella Liebeck, a 72-year-old woman, went through her local McDonald’s drive-thru to get a cup of coffee. The coffee spilled on her lap, resulting in third-degree burns on her thighs. Her injuries caused her to sue McDonald’s. In the beginning, she offered to settle the case for $20,000, which would have covered her medical expenses and her lost income. McDonald’s, however, never offered any more than $800. The case went to trial. The jury found Liebeck partially-liable, which reduced her compensation that she would receive. But because McDonald’s had not been willing to correct their policy about their coffee temperature, even after hundreds of other injuries before this, the judge awarded Liebeck $2.7 million dollars. I agree with the ending of this case. I do see how Liebeck was at fault; she shouldn’t have had the coffee anywhere near her body while trying to open the lid. But had McDonald’s just changed their policy and changed the temperature of the coffee, Liebeck wouldn’t have been burned as badly as she had