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[low_delta]

Okay, I think the best way to answer this is to say that McDonald's is in the wrong for selling coffee like that, but that they should not be fined for such behaviour, since it is not illegal, and that the buyer should beware.

By best, I mean the way that would make the most people happy.

Comments

[cherie.livejournal.com]

Well, if I knew it was about the coffee in the car thing - I might not have over-stated my point, but I still stand by what I said.

I am particularly unhappy with the ergonomics ruling that was passed the beginning of the year whereas if an employee claims to have made any effort at some improvements in the ergonomics of the workplace that is all they have to do to satisfy their part legally.

Looks like we (Democrats) will just have to ride this one out...

Keep up the good work Kevin.

[i.livejournal.com]

it's also not illegal to sell cigarettes. however, misleading people about their effects, even by omission, has been deemed sufficient for the cigarette manufacturers to settle with the states to the tune of many billions of dollars.

there is a significant difference between a fine, which depends on enacted law, and an award, which is based on a perceived wrong which may or may not have been legislated against.

civil suits are also the last recourse of ordinary people such as the family of Nicole Brown Simpson against defendants who are so wealthy or powerful as to be virtually immune to prosecution.

this also justifies the size of lawyer's fees, as the corporation will easily spend just as much on their own team of lawyers.

the civil court system is the last equalizer between the rich and the poor, the powerful and the weak.

[banana.livejournal.com]

> civil court system is the last equalizer between the rich and the poor
There's a well known saying here (at least among lawyers) that the courts are open to everyone, in the same way as the Ritz hotel. One reason for the greater litigiousness of the US is the "no win, no fee" arrangement.

[low-delta.livejournal.com]

You are right about the difference between fines and awards and all that, but the three million dollars that was awarded to the woman was not for pain and suffering and medical expenses, it was termed punitive damages. I think. It was, to all intents and purposes, a fine. I was just being very general with my terminology.

[vlinker.livejournal.com]

is it not common knowledge that coffee is hot and that it will scald ya if spilled?......why should macdonalds coffee be different that the stuff grandpa used to make?....i'm sure the lawyer was paid his 40% of the settlement.....

you know, i personally think that macdonalds food is all engineered to make the most money for the least $ input.....chicken macnuggets are a travesty to chickendom........and then there was the french fry fiasco........have you ever looked to see what was in a mac's "milkshake"?.......eeeewwwww!........

I don't think Macdonalds should have paid a dime in this case.......but, it would not hurt my feelings to see them (and many others) out of the business of poisoning people......

Is Susan or Candice (my normal Kaladi barista's) "in-the-wrong" because they serve my coffee with the espresso shots in it at 180°F?

Perhaps Congress should take the matter up. There are always some people trying to legislate common sense....–

[banana.livejournal.com]

In the UK they don't sell milkshakes, just "shakes".

Re:

[vlinker.livejournal.com]

I see......they change the name so that people might believe they are drinking a milkshake, but are indeed drinking a frozen concoction of chemicals......

there is no truth in advertising........