Dumb Legal Argument against CSX

[ET44C4]

But are people dumb enough to think that they are getting warm or mild coffee??? Coffee is hot, and most people know that. Why sue because of your stupidity?

[katyusha454]

But are people dumb enough to think that they are getting warm or mild coffee??? Coffee is hot, and most people know that. Why sue because of your stupidity?

As I said, she knew full well it was hot. She sued because McDonald's overheated it to the point where it wasn't safe for human consumption.

[GenericZack]

Lets not get hot coffee let us off track here.


My on this all is that they should have not been tresspassing on property they should have not been on. case closed.

[buzz456]

Sometimes we need to just let Darwin take over. It would be ridiculous to think that we need to fence off every foot of the thousands and thousands of railroad tracks because of some truly stupid people. I grew up next to a railroad track and we spent thousands of hours playing on and around the tracks and would never think to not keep constant lookout for trains. For those of you too young to remember we had those 79 mile per hour passenger trains ripping right through our smaller towns even some suburban ones. The grown ups used to tell us if we stood too close to the train we would get sucked under. Engineers back in those days would almost always give you a couple of short blasts if you waved at them.

We were a lot more worried that the Russkies were going to blow us up than someone was going to sue or get arrested for watching a train. In all those thousands of hours I never ever saw a railroad cop and was as good a friend as a kid could be with both the station agent or whatever he was called at Elgin and Spaulding on the old Milwaukee.

A different time for sure.

[ssbobz]

Here's a runaway track to mitigate the risk of derailment... http://www.lectlaw.com/files/cur78.htm

There is a lot of hype about the McDonalds' scalding coffee case. No one is in favor of frivolous cases of outlandish results; however, it is important to understand some points that were not reported in most of the stories about the case. McDonalds coffee was not only hot, it was scalding -- capable of almost instantaneous destruction of skin, flesh and muscle. Here's the whole story.

Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.