Thank you for bringing my attention to the documentary called "Hot Coffee." I just finished watching it on Amazon Prime. I saw the photos of the burns. Yes, there was a real story there. Not at all like the way it has been presented to the public by media over the years. Very interesting documentary that looked at aspects of our judicial system I had never really thought about.
I'm really trying to see your point in this, I really amBtw, I am familiar with the incident and have recapped it.
The way I see it is:
It's coffee, if it didn't burn through the cup, crush in her hand or disintegrate, there is no case....
I'm sorry, but who's fault is that? Would you take water you just made for tea or coffee, put it in a Styrofoam cup, then put it in-between your legs? I don't see how McDonald's is responsible for protecting people from doing rather stupid activities with beverages that are intended to be hot The reason McDonald's made coffee at those temps was because most people tend to transport the item before consumption. When does that become a personal responsibility issue? I don't even like McDonald's, in more ways than 1. At the same time, I just don't see how this was their fault. Especially to the tune of 2.9 million dollars![]()
Liebeck's lawyers presented the jury with evidence that 180 °F (82 °C) coffee like that McDonalds served may produce third-degree burns (where skin grafting is necessary) in about 12 to 15 seconds. Lowering the temperature to 160 °F (71 °C) would increase the time for the coffee to produce such a burn to 20 seconds. Liebeck's attorneys argued that these extra seconds could provide adequate time to remove the coffee from exposed skin, thereby preventing many burns. McDonald's claimed that the reason for serving such hot coffee in its drive-through windows was that those who purchased the coffee typically were commuters who wanted to drive a distance with the coffee; the high initial temperature would keep the coffee hot during the trip. However, the company's own research showed that some customers intend to consume the coffee immediately while driving.
Other documents obtained from McDonald's showed that from 1982 to 1992 the company had received more than 700 reports of people burned by McDonald's coffee to varying degrees of severity, and had settled claims arising from scalding injuries for more than $500,000. McDonald's quality control manager, Christopher Appleton, testified that this number of injuries was insufficient to cause the company to evaluate its practices. He argued that all foods hotter than 130 °F (54 °C) constituted a burn hazard, and that restaurants had more pressing dangers to warn about. The plaintiffs argued that Appleton conceded that McDonald's coffee would burn the mouth and throat if consumed when served.
You need to do some more research about that legend. McDonalds got exactly what they deserved. They knew the coffee was too hot and didn't do a damn thing about it.
Liebeck v. McDonald's Restaurants - Wikipedia, the free encyclopedia
Since Liebeck, McDonald's has not reduced the service temperature of its coffee. McDonald's policy today is to serve coffee between 80–90 °C (176–194 °F),[31] relying on more sternly-worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee.[31][32] The Specialty Coffee Association supports improved packaging methods rather than lowering the temperature at which coffee is served. The association has successfully aided the defense of subsequent coffee burn cases.[33] Similarly, as of 2004, Starbucks sells coffee at 175–185 °F (79–85 °C), and the executive director of the Specialty Coffee Association of America reported that the standard serving temperature is 160–185 °F (71–85 °C). Retailers today sell coffee as hot or hotter than the coffee that burned Stella Liebeck.
And if OEMs/Retailers are using a Plastic for a Container or Child Resistant Cap that can cause Harm, doesn't that give Validity to the Argument that there should be More Oversight?
And Not Less?
Can you think of any product that cannot "cause" harm?
Can you think of any product that cannot "cause" harm?
Still Doesn't Answer my Question.
Just seems like your Hypothetical Situation lends much more to the argument that there is a Need for Some Regulatory oversight.
And I know that you are in Favor of No FDA Regulations. And believe that there should be No Age Limits for people to buy e-Liquids which contain Nicotine.
Are you aware of how something like Ham Radio is regulated? What are the age requirements etc? (and no, it's not safe either, you can kill yourself or injure others or severely disrupt communications around).
How does something like Ham Radio relate to e-Liquids that contain Nicotine?
They can both be lethal if you don't know what you're doing. And innocuous and pleasurable if you do.
Still Doesn't Answer my Question.
Just seems like your Hypothetical Situation lends much more to the argument that there is a Need for Some Regulatory oversight.
And I know that you are in Favor of No FDA Regulations. And believe that there should be No Age Limits for people to buy e-Liquids which contain Nicotine.
They can both be lethal if you don't know what you're doing. And innocuous and pleasurable if you do.
...
So no.... jmans hypothetical doesn't lend itself to the FDA regulations he rejects. Perhaps some 'market correction' but not the regulatory oversight you and others above have promoted by gov't. ...
If that team who Tested nicotine levels in Salt Lake City had found Harmful Chemicals leaching into e-Liquids due to Improper Plastics Containers being used, there would have Swift and Decisive Action taken.
The Concept of "Self-Regulation" of Any Product that the General Population puts into their bodies is a great Hypothetical Topic to sit around and Discuss. But the Reality is that in the USA, it Isn't going to even be a Remote Possibility for e-Liquids that contain Nicotine.
I think fighting CRP is a Wasted Effort. I just don't sell any Viable Argument that could be made to the FDA, Senators or the General Public that would be very compelling.
See the battery explosions theads. [...] See some of the charger threads [...]
The introduction of CRP into this incident is CR_P. The "observation" (read 'excuse/justification' not to make this a child endangerment/murder case) that there was no 'child proof cap' OR what I suspect, the absence of any cap at all, when the kid got the bottle, was to, intended or not, direct the focus on ecigs rather than where it should have been - on the parents. Is it 'sad' - absolutely, but it approaches the insane comments a while back of feeling sorry for the Menendez brothers because now they are 'orphans'![]()
As far as off topic comments goes, any further discussion on CRP on this thread should be deleted, because it had nothing whatsoever to do with what happened with a kid who would be incapable of unscrewing an regular cap.