tracyanns Posted March 6, 2012 #626 Share Posted March 6, 2012 The point they were trying to make with this story is that yes she shouldn't have put the coffee between her legs, but McDonald's ADMITTED fault and agreed that it shouldn't have been hot enough to cause third degree Burns. And I believe the amount she received was less than it originally was because they determined she did have some responsibility for the incident? Fyi Wikipedia is never a credible source IMO. Anyone can edit the information there so it isn't always accurate. Understood, but it isn't always wrong, and reading that article, it is in line with most of the articles that have come out over the topic. That is why I don't quote anything or figures on there as far as statistics or dollar amounts... The only credible source would be to have a copy of the minutes from the court and all of the legal documents on the entire case. Regardless, she got a payout of a considerable amount more than she originally asked for, why? Because McDonalds didn't want to settle for what she wanted, when in fact, they should have given her more than that, and she hired a lawyer that said...McDonalds...JACKPOT...we are going after millions! Have you researched how many of these coffee lawsuits have been thrown out...especially those tried outside of the US...1 judge awards money, another said it is better to have hot coffee. And yes, they did adjust the temperature, but not by much and people are still trying to sue them...why? Because they know that one person got this money and now they figure they can too! Want to cut down on lawsuits? No more lawyers that collect fees from the settlements. You want to sue, the legal fess are 10% of what you are looking for in settlement...you pay whether you win or lose...bet more people think twice before getting that lawyer. Are you willing to spend $100,000 HOPING to win $1,000,000? But, if you have nothing to lose and you have a lawyer that says...hey, lets go after $1,000,000 and I will only take 30%, so you will still get $700,000 if we win and if we lose, I will eat the cost... I work in an industry where people try to sue us all of the time. We have a bullpen FULL of lawyers that play this game all day. It is disgusting the claims that people make to try to get money. CYA and hope that it is enough is all we can do. Link to comment Share on other sites More sharing options...
Cruzaholic41 Posted March 6, 2012 #627 Share Posted March 6, 2012 Sorry to ruffle your feathers....but when facts stare me in the face i usually reconsider my initial opinion.....i guess i am alone in being able to understand and appreciate this ability No, and this is the last time I am going to respond to you since your ability to comprehend is obviously not as keen as you think. I'm not arguing what's right and wrong or the merits of the lawsuits. I'm saying my opinion differs on what I think is fair compensation. There's a difference. Just curious- on what are you basing your opinions then if not facts. Again, not an opnion of the merits of the case. Those are solid. It's merely an opinion on what I think is fair compensation. Hopefully, you, at least, understand the difference. Link to comment Share on other sites More sharing options...
Crusin6 Posted March 6, 2012 #628 Share Posted March 6, 2012 No, and this is the last time I am going to respond to you since your ability to comprehend is obviously not as keen as you think. I'm not arguing what's right and wrong or the merits of the lawsuits. I'm saying my opinion differs on what I think is fair compensation. There's a difference. Ok..bye Link to comment Share on other sites More sharing options...
ilionite65 Posted March 6, 2012 #629 Share Posted March 6, 2012 Where is the op? I'm waiting for a response to my question about her number of posts. Link to comment Share on other sites More sharing options...
tracyanns Posted March 6, 2012 #630 Share Posted March 6, 2012 Well, she wouldn't have gotten full thickness third degree burns requiring skin graft surgery. Why not? Isn't the boiling of water about 212 degrees? If she boiled a pot of water and made an instant cup of coffee and sat at her kitchen table in the same clothing and knocked the cup over into her lap...wouldn't the outcome have been the same? The McDonalds coffee was less than 200 degrees wasn't it...so actually, you can make hotter coffee or tea at home. Link to comment Share on other sites More sharing options...
LittleMiss Posted March 6, 2012 Author #631 Share Posted March 6, 2012 If you've posted "maybe 6 times", why does your post count show 311? Because most were in this room... Now again stop stalking me... Link to comment Share on other sites More sharing options...
LittleMiss Posted March 6, 2012 Author #632 Share Posted March 6, 2012 You are sure that they are all writing a book and/or selling their news stories? :rolleyes:0 credibility on your part Told you to be careful Tink Link to comment Share on other sites More sharing options...
tracyanns Posted March 6, 2012 #633 Share Posted March 6, 2012 Just curious- on what are you basing your opinions then if not facts. Opinions- personal view: the view somebody takes about an issue, especially when it is based solely on personal judgment Link to comment Share on other sites More sharing options...
LittleMiss Posted March 6, 2012 Author #634 Share Posted March 6, 2012 No 7 reacts to criticism anger etc Okay Link to comment Share on other sites More sharing options...
LittleMiss Posted March 6, 2012 Author #635 Share Posted March 6, 2012 Really? I think YOU need to start reading the posts, you will see that the majority are against your opinion. Since majority rules...........YOU ARE WRONG. I started responding to this thread as soon as I saw it, I don't spend my life here, have other things to do, but now that I have found it I choose to post. Believe it or not, just as it's not up to you as to the victims right to sue, it is also not up to you to determine who should post here. Okay Link to comment Share on other sites More sharing options...
tracyanns Posted March 6, 2012 #636 Share Posted March 6, 2012 Where is the op? I'm waiting for a response to my question about her number of posts. You should so go and play the lottery tonight!;) Link to comment Share on other sites More sharing options...
LittleMiss Posted March 6, 2012 Author #637 Share Posted March 6, 2012 There was a sex toys thread? How did I miss that?:D Yeah I wanna know too :D Link to comment Share on other sites More sharing options...
tracyanns Posted March 6, 2012 #638 Share Posted March 6, 2012 You keep saying read this, read that. Reading this and reading that doesn't change my opinion on what's fair. Accept it. That is true. I have read MANY articles on this topic and facts are facts and opinions are opinions. I also think she was overly compensated, it looks as if McDonalds was held 80% responsible and her 20% responsible... Ummm...if she hadn't had spilled it, no one would be responsible. Anyway, since the Concordia struck the rock while people were dining I sure hope no one got burned by any hot coffee! (just kidding by the way, just trying to get back to the subject at hand) Link to comment Share on other sites More sharing options...
halos Posted March 6, 2012 #639 Share Posted March 6, 2012 why on earth are there being comparisons between hot coffee and a sinking ship where people DIED because of negligence? Just because we live in a society where people have become sue happy, this does not mean that every law suit is frivolous. Link to comment Share on other sites More sharing options...
Smithkids5521 Posted March 6, 2012 #640 Share Posted March 6, 2012 Oh facts. Honestly it is how I FEEL about it that makes the difference. :rolleyes: One of our modern urban legends and I really thought a bit of a reality check was in order. Hi Waldo, I have read the story in the past (not related to CC and this board) and am familiar with the case. And how the coffee was superheated, etc. Pretty interesting in regards to how companies set their internal procedures regarding cooking temps among other things... I don't think anyone was implying (at least I certainly wasn't implying) that she had a frivilous lawsuit. I brought it up based upon the settlement she was awarded...juries tend to award based upon their hearts and whether they felt compassion for the plantiff(s). Although of course it was appealed by Mickey D's and the final amount reduced significantly- however, I used that example to show how if the trial was here in the US and a jury saw the videos of what occured onboard, the chances are great that the survivors of Costa would be awarded much more than 14k...:) Take care Diana Link to comment Share on other sites More sharing options...
Smithkids5521 Posted March 6, 2012 #641 Share Posted March 6, 2012 why on earth are there being comparisons between hot coffee and a sinking ship where people DIED because of negligence?Just because we live in a society where people have become sue happy, this does not mean that every law suit is frivolous. hi Halos, No comparision is being made between the 2...the only comparision (at least in my eyes) is settlement amounts granted in court vs. what is offered as settlement by the corporations. I personally feel that 14k is insulting based upon what the survivors went through...:( Take care, Diana Link to comment Share on other sites More sharing options...
CruiserChloe Posted March 6, 2012 #642 Share Posted March 6, 2012 Just because we live in a society where people have become sue happy, this does not mean that every law suit is frivolous. I agree and while I think many lawsuits are frivolous, this one I do not. Sorry to ruffle your feathers....but when facts stare me in the face i usually reconsider my initial opinion.....i guess i am alone in being able to understand and appreciate this ability You talk about your opinion, but can't understand how others may come to their own opnions? :confused: Link to comment Share on other sites More sharing options...
5waldos Posted March 6, 2012 #643 Share Posted March 6, 2012 Opinions- personal view: the view somebody takes about an issue, especially when it is based solely on personal judgment We were talking about opinions. And I guess I was assuming an informed opinion; An informed opinion is based on knowledge of the facts and carefully considered principles. It relies on evidence instead of limited personal experience. Link to comment Share on other sites More sharing options...
LittleMiss Posted March 6, 2012 Author #644 Share Posted March 6, 2012 Where is the op? I'm waiting for a response to my question about her number of posts. I do work you know :D Link to comment Share on other sites More sharing options...
LittleMiss Posted March 6, 2012 Author #645 Share Posted March 6, 2012 You should so go and play the lottery tonight!;) Bwahaha!! :D Link to comment Share on other sites More sharing options...
italianfemmy Posted March 6, 2012 #646 Share Posted March 6, 2012 why on earth are there being comparisons between hot coffee and a sinking ship where people DIED because of negligence?Just because we live in a society where people have become sue happy, this does not mean that every law suit is frivolous. I made the reference only to say that the lady knew the coffee was hot and was perhaps careless which caused her situation. Yet she still got more than a half a million dollars. The passengers of the Concordia were not careless. Their captain was. And as such, they should be fairly compensated. 14k seems like a slap in the face for living a nightmare in comparison to the McD's settlement. That's all I am saying. :-) Link to comment Share on other sites More sharing options...
5waldos Posted March 6, 2012 #647 Share Posted March 6, 2012 Hi Waldo,I have read the story in the past (not related to CC and this board) and am familiar with the case. And how the coffee was superheated, etc. Pretty interesting in regards to how companies set their internal procedures regarding cooking temps among other things... I don't think anyone was implying (at least I certainly wasn't implying) that she had a frivilous lawsuit. I brought it up based upon the settlement she was awarded...juries tend to award based upon their hearts and whether they felt compassion for the plantiff(s). Although of course it was appealed by Mickey D's and the final amount reduced significantly- however, I used that example to show how if the trial was here in the US and a jury saw the videos of what occured onboard, the chances are great that the survivors of Costa would be awarded much more than 14k...:) Take care Diana You weren't implying this, but others were. And I agree- how to determine what is a reasonable settlement is not easy and juries can be swayed. I don't know of any other way it can be done though- especially in punitive cases. Which I guess is why the company starts at $14,000 and the lawyers start at $100 million, or whatever. I am not a lawyer, don't even play one on TV. but I do think that videos of what was happening do play a role- certainly disputes any notion that a calm cool and organized abandon ship was going on. One thing that does play a role, I believe, is what amount of money will cause the company to go "Ouch". And unless that happens, things won't change. The company would rather take those hits and continue doing things that are dangerous. Like movie stars who get hit with $1,000 fine for doing something wrong- petty cash to them. Why change their behaviour? Link to comment Share on other sites More sharing options...
PittsburghGirlee Posted March 6, 2012 #648 Share Posted March 6, 2012 Yikes! The Concordia capsizing was a huge deal. There was gross negligance, major incompetence, everyone who lived can absolulely say their lives were in grave danger. I believe all passengers on that ship are entitled to more than just their money back. Cruise ships have a responsibility to keep their passengers safe at all times. I could not agree more bluejay. Betcha if you were actually on that ship going through all of that, some minds would be changed. You just never understand a situation until you have gone through it. As much as I love cruising, had I been on the ship, and had to swim to safety, I highly doubt I would be cruising again EVER in my lifetime. What we say and do, sometimes turn out to be 2 different things. But this is just my opinion and I know me;).. Link to comment Share on other sites More sharing options...
tracyanns Posted March 6, 2012 #649 Share Posted March 6, 2012 why on earth are there being comparisons between hot coffee and a sinking ship where people DIED because of negligence?Just because we live in a society where people have become sue happy, this does not mean that every law suit is frivolous. No idea! The only comparison is that there was coffee on the ship, other than that, there really is none. Someone mentioned something about frivilous lawsuits, but I also don't recall at any time someone saying that these lawsuits would be frivilous, just that sometimes they seem to ask for too much money. Link to comment Share on other sites More sharing options...
CruiserChloe Posted March 6, 2012 #650 Share Posted March 6, 2012 An informed opinion is based on knowledge of the facts and carefully considered principles. It relies on evidence instead of limited personal experience. And it is just that, an informed opnion. An opinion different from yours does not make you any more right than them. Link to comment Share on other sites More sharing options...
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