A cup of million dollar Coffee
Authors: Chen Wei

Almost in the global scope, "McDonald's Coffee scald case" (Liebeck v. McDonald 's Corp., 1994) make known to every family, gain extreme notoriety, the truth Public opinions are divergent., whirling.

One popular version of the story is, a America old lady drink Coffee at McDonald's, one not careful was a bit hot, even in the legs curled a blister. The old woman didn't want to play what the lawsuit, but was beside a lawyer to see in the eyes of make trouble out of nothing. He came forward to say: "madam, please don't go, I'm a lawyer, can help you fight this lawsuit free." As the saying goes, determined to grow flowers do not open, willow lined. A be hardly worthy of belief is, the old lady have one's star in the ascendant, hit the mark by a fluke, unexpectedly won the huge compensation of $three million, has become a millionaire, so that the world below the glasses, laugh.

The passage of time, fleeting. After more than ten years, the look back, according to the analysis of digging the case inside and procedural details of laws, the McDonald's Coffee case, as well as the McDonald's Corp is the hot Coffee liable for compensation problem, far more than the town talk of the streets, hearsay "gossip" perplexing, thought-provoking.

In this case, the protagonist named Stella Li Burke (Stella Liebeck), then seventy-nine years old, who lives in New Mexico, is a retired supermarket cashier. In 1992 February, Burke took the car's grandson, via the local McDonald's restaurant, the "car sales window" to buy a cup of Coffee, priced at forty-nine cents. Leave the restaurant, Burke need to add milk and sugar to Coffee, grandson stopped the car.

At that time, the old lady sitting in the front seat passenger seat, put the cup in the park between the knees, left hand bags of milk powder and sugar bag, right hand to open the cup cover, did not expect, an unexpected accident, the whole cup of hot Coffee spilled in between the legs, causing the inner thighs, shares of ventral, genitals, before hip etc. serious burns, in which "three degree burns" area accounted for six percent of the body skin.

In medical terms, the severity of scald depends mainly on the "area" and "depth". Skin scald belonging to the "once burned," skin redness and swelling, pain, but after a few days can be healed; in and dermal "two degree burns", the surface of the skin blisters, pain, but one to two weeks can be healed; the injury to the dermis deep scald, need three to around the time to heal. Leather to the subcutaneous tissue between the depth of burn, is the most serious "three degree scald wound", become white, do not feel pain, subcutaneous tissue necrosis, even if the cure, never be able to restore the original function, when the damage range is too large, also needs to make the skin grafting surgery. "Three degree burns" are caused by high temperature or temperature, only "high temperature", but like "water bag" type scalding effect, caused by the long time effect.

In daily life, many people in the cooking, porridge, soup, tea, red Coffee, due to negligence, occasionally causing "once burned" or "two degree burns", but "three degree burns" rare. In McDonald's Coffee case, why spilled a cup of Coffee, has caused the serious "three degree burns"? The main reason is: the first, when McDonald's sold Coffee, really hot a be hardly worthy of belief, the temperature higher than the industry in 10 ～ 16 ℃, detail after detail. Second, lil Burke is nearly eight years old, almost like a baby delicate skin. Third, women between the legs "sensitive areas", is just the most delicate skin of the body parts. Fourth, hot Coffee not spilled in the bare skin, churn automatically after a few seconds, but poured in on the old woman's cloth pants, was also not very difficult to quickly cut pants, resulting in "hot water bag scald effect" type.

Poor Burke stayed in the hospital for eight days, finally out of danger, be completely bedridden until after discharge, after more than two months, the wound gradually healed, and later made many skin grafting operation, after two years of time to walk freely. Because of the "sensitive areas" were burned, the old man suffered great physical and mental pain, even at the risk of causing danger to life. Although Li Burke daughter save, buy health insurance for her mother, even though she enjoys the medical subsidy of Burke himself, sixty-five years the federal government provides but, since the pay part of the medical expenses are still very alarming.

The injury after initial stabilization, Sally Burke daughter be indignant, he wrote a letter of complaint to the McDonald's letter, too hot to Coffee grounds, claim compensation for medical expenses, loss of working time taking care of a patient's fees, a total of $twenty thousand. However, McDonald's short-sighted, self-willed, refused to "losing disaster free", only agreed to pay a $eight hundred fee "comfort". However, Li Burke family would not easily give up.

Not long after, Burke's daughter met a man named Morgan (S. Reed Morgan) Texas attorney, his smart sophistication, rich experience, good compensation lawsuit, has a Coffee scald and provide legal services to customers, negotiate with the McDonald's negotiation, finally reached an out of court settlement, won a $twenty thousand injury compensation. A preliminary understanding of the case, judge Morgan lawyer, the old lady was shocking, "between his legs injured all over the body," McDonald's escape legal liability. So, Li Burke plucked up the courage to Coffee, quality defects, endanger personal safety, a liability accident, a piece of paper to McDonald's report to the Federal District court.

In the case of product liability USA, consumers as long as proof of defective products, causing personal and property damage, often can win. In McDonald's Coffee case, the applicable law is the civil tort, the legal basis for the McDonald's Corp, is a fast food restaurant owner, have the responsibility and obligation to take the initiative to provide protection to the customer Coffee; if the temperature is too high, and without warning, causing bodily injury and property loss of customers, the customer has the right to sue for compensation. If the infringement is a kind of "reckless" and "bad", after the plaintiff win the lawsuit, will not only get the actual damages (pay medical expenses, loss of working time compensation etc.), but also may obtain compensation for spiritual damage and huge punitive compensation.

In 1994 July, "McDonald's Coffee case" hearing, the news media depart from one's normal behavior, stood in the big company McDonald's side, the plaintiff a dig, sarcastic ridicule. The jury also think it funny, utterly ridiculous, that the plaintiff was hot a few bubbles, a pile of trivial, not worth mentioning. However, when the jury sees a doctor's diagnosis report and the victim's injury after the photo, all sense of be struck with fright, extreme shock, this seems to be a wild legend of scald case, apparently beautifully, should not be underestimated.

However, the injury is shocking, too horrible to look at pictures, encountered pitiable, and not from the facts and the law that McDonald's should assume responsibility for product quality. As the saying goes, rational everywhere, irrational can't do anything. As everyone knows, Coffee was mouth to drink, not to the crotch throw! The prosecution must convincingly proved conclusive evidence, indeed because of quality defects Coffee McDonald's, as well as the McDonald's Corp "reckless", "malicious" behavior, causing the plaintiffs to personal injury or property loss, in order to win this "utterly ridiculous" civil compensation lawsuit.

In court, a crucial issue is, McDonald's Coffee scald accident It is quite common for the customer is homely food? The phenomenon of the individual or the occasional? Ordered judges in the prosecution lawyer's request, must be open, McDonald's internal secret documents and statistical data. Led the jury to be startled at is, these files and the data display, in the period from 1982 to 1992 ten years, a total of more than Coffee by McDonald's has severely scalded complaints, which are the ten cause vulva department, customer shares ventral, medial thigh "sensitive areas" burns, caused great physical and mental pain to the party. Although the federal court has never formally accepted these complaints, but secretly, McDonald's average annual cost $fifty thousand, paid an out of court settlement caused by Coffee scald and give victims a token "comfort cost".

Some people may think, McDonald's is really stupid, why not in court before the documentation and statistics do "modified"? In simple terms, McDonald's did not dare! The loss of a civil lawsuit, but hundreds of thousands or millions of dollars in compensation, however, falsification of documents and business statistics, is involved in "crime of perjury and obstruction of justice" felony, once inadvertently exposed, the entire firm will face the crowning calamity doomed eternally. On this issue, the McDonald's Corp Mister than "zip gate" of President Clinton to be law-abiding much.

Get down to business. Since the scald accident is not the individual and accidental phenomenon, McDonald's why let down, careless, to turn a deaf ear to consumer complaints, to burn accidents remain indifferent towards sth.? The defense lawyer explained, McDonald's sold each year about one billion cup Coffee, since ten years, sold a total of about ten billion cup, by contrast, scald accident occurrence of complaints, only more than 700, an average of every one hundred million cup only seven burn accidents, accident rate is zero point zero zero zero Zero Zero seven percent, is equal to zero, can be ignored regardless of.

From the business statistics and "digital" management point of view, the defendant's lawyer defense seems plausible, but the consequences. The jury found, in the equivalent of zero accident rate is behind the numbers, the awful truth more than 700 consumers were scalded. In America commercial laws, the protection of consumer safety is the principle problem very important, how to statistics on the grounds, arrogant unruly, indifference, explain away, shirk. In addition, lawyers reminded the jury, common sense tells people, McDonald's statistics the number of complaints is just the tip of the iceberg, there must be a large number of burn victims, are suffering, left in a hurry, swallow insult and humiliation silently, luck.

Some people may wonder why, McDonald's Coffee frequently cause burn accidents? Sampling and market investigation prosecution lawyer, is the most important reason, McDonald's Coffee really hot breathtaking, topped the list in the food industry. According to the survey, Burger King (Burger King), donut (Dunkin 'Donuts), Wendy (Wendy) and other more than ten McDonald's main rival for sale Coffee, and temperature America drinking ordinary family Coffee, generally in the 70 ~ 75 ℃. According to the author's "amateur market survey", in recent years in the American become fashionable for a time Coffee chain "Starbucks" (Starbucks Coffee) the sale of Coffee temperature, generally only in the 75 ℃; in addition, the author gives employees the Usa Inc free Coffee temperature, the same is between 70 ~ 75 ℃.

However, when McDonald's sells the Coffee temperature, even as high as 82 ℃ ~ 86 ℃, the industry for the higher than about 10 ~ 16 ℃! That burns experts to testify at the trial, if the temperature and trade "McDonald's Coffee consistent", the plaintiff suffered burns will be much lighter. The whole world of the compensation lawsuit, is likely to be simply impossible!

So, McDonald's Coffee so hot, if the employee be negligent, illegal operations, the defect error or quality management caused? In this regard, McDonald's in charge of product quality of the deputy general testified in court, Coffee temperature too hot, it is strictly abide by the operation and quality control procedures. According to the quality manual McDonald's announced, Coffee should be 96 ℃ hot water to reconcile, when the completion of all production program, finally end to the customer hands to drink, Coffee temperature should be kept between 82 ~ 86 ℃.

The next question is, why McDonald's disregard of scald accidents, or not to Coffee temperature setting in the fast food industry "too high to be reached" dangerous height? To testify in court, McDonald's executives talk rapidly., What one says is plausible., blow one's own horn, be in the right and self-confident. He explained to the jury said, Coffee temperature settings, are not arbitrary, but according to the Coffee expert advice. In order to extract Coffee enchanting fragrance, Coffee beans selected, baking, grinding process, in 96 ℃ hot water brewing harmonic taste the best, at 82 to 86 DEG C when drinking the best taste, mellow taste, show the wonderful qualities, to meet the needs of the consumers. McDonald's sold each year Coffee one billion cup, is the second "donut" two times, leading, in the global food industry ranked first, just that McDonald's Coffee superior quality, temperature to a proper extent, consumers have a soft spot for the.

At this time, Morgan lawyers take the flaw, by surprise to ask a sentence: "your company in addition to consult experts' high temperature 'Coffee suggestions from others, whether the customer personal safety point of view, professional advice after scald expert?" McDonald's executives did not dare to talk, to lie, to answer honestly: "without consulting." The case to this time, the defendant has been evident in the wind. As a global fortune five hundred strong enterprises and the world's first Dalian lock fast-food restaurants, McDonald's self-willed, refuse to realize one's error, the Coffee temperature in the fast food industry "top" in height, over a period of ten years, cost five hundred thousand dollars "to resolve" the scald accident; at the same time, McDonald's has never been on the relationship between "high temperature Coffee" and the scald accident consulting medical expert opinion, gave the jury a very bad impression.

The McDonald's more unfavorable, on the one hand, the sale of "high temperature Coffee", but on the other hand, pay no heed to, negligence, not in the Coffee cup, the legal term "warning" (Warning) "high-temperature hot drinks, burn care", with only minimal font "remind" (Reminder) the attention of consumers. From a legal point of view, this is obviously negligence, no end of trouble for the future mishap loopholes, fatal mistake too late to regret.

McDonald's lawyer emphasizes, spilled hot Coffee can cause serious burns, it is "the most basic common sense", don't need specially to the customer "warning"? The prosecution countered, McDonald's Coffee temperature incredibly high, customer accident misses, spilled a cup of Coffee, has caused the body of six percent skin "three degree burns", actually spent up to tens of thousands of dollars in medical expenses, unexpectedly nearly caused dangerous victims life frail, it is no exaggeration to say, this Coffee scald case fantastic, shock the common customs ", has been completely beyond the most basic common sense" category.

According to "the most basic common sense" problem, most legal experts think, if McDonald's "swim", in Coffee temperature and the fast food industry "consistent"; if McDonald's to prevent trouble before it happens, prior to the legal term "warning" high temperature Coffee may cause fatal burns very little, so the possibility of winning the lawsuit.

In Europe and the United States elegant Coffee salon, Chong harmonic taste Coffee is an art. In order to pursue the best taste and mouthfeel, Coffee temperature is one of the important factors. When drinking Coffee, most Coffee "fancier" be strict in one's demands, strictly abide by the "high temperature" expert advice, with delicate and elegant Coffee apparatus. Drink Coffee is also a lot of stress, such as when to Coffee, add sugar, should first with tweezers to manipulate sugar, gently on the cap, and then use the spoon into a cup. If the direct use of fingers or forceps sugar, that poor manners, and extremely easy to accidentally missed, resulting in hot Coffee spills, scald accident.

The crux of the problem, McDonald's is a low-grade cheap fast-food chain, is not a noble and elegant Coffee salon; McDonald's customers is bustling about, hurry working-class, not KEF, artsy lady Wingate, may not have so much more leisurely, strictly abide by the Coffee expert advice. In terms of quality, McDonald's Coffee appear trite and insignificant, not associated with "superior quality". If the so-called "French cultural symbol of" downtown Paris general cloth Coffee Museum (Cafe Procope) of the Coffee can hit ninety points, Coffee chain "Starbucks" Coffee can hit eighty points, then, McDonald's Coffee only a maximum of sixty points, barely passed. McDonald's sold each year one billion cup Coffee, by virtue of the omnipresent advertising, by virtue of the 30000 worldwide chain, by virtue of the convenience and low price, rather than the Coffee fragrant, temperature hot, extraordinary quality, taste great.

Show the market survey, the purchase of McDonald's Coffee customers, about half did not on the premises, but or articles to the car, or return home, or arrive at the office before open drink. In addition, McDonald's use of Coffee cup, is a kind of soft without bone, cheap and simple disposable paper cup, very easy to accidentally dropped it in Coffee. Therefore, if Coffee hot, the lack of legal warning, extremely easy to cause an accident to no psychological preparation of consumers.

Because of this, the giant American fast food industry all know one's limitations, not by elegant Coffee salon itself, has take the initiative to reduce the Coffee drinking temperature. But McDonald's a be overbearing, diandaqike, bragging, despite the frequent accidents, refuse to realize one's error, ignorance is fearless, personal independence of conduct, indifference, mad about money, Cao Jian, skin, finally caused the sensation world judicial cases.

Finally, the jury verdict, inferior, McDonald's sold Coffee quality temperature is too high, there is no need, won't listen to reason, in product safety issues, let down, careless, violated the plaintiff's personal safety, caused great damage accidents and economic losses, therefore, must bear legal responsibility Coffee inferior quality, pay the plaintiff compensation compensation of $two hundred thousand "" (Compensatory Damages). Consider the plaintiff slipped, deal with the accident also assume the responsibility of twenty percent, the actual responsibility of McDonald's Corp is reduced to eighty percent, the total number of compensation correspondingly reduced from two hundred thousand to one hundred and sixty thousand dollars.

In this Coffee scald case, the actual economic loss suffered by the plaintiff and his family, be fully prepared to only about $twenty thousand. Thus, in the $one hundred and sixty thousand "compensation", of which $one hundred and forty thousand can be regarded as the spiritual damage compensation. If the judicial decision to date, big companies, such as McDonald's fabulously rich, a wealthy person, civil compensation of more than 10 million dollars, equivalent to the annual sales income of a drop in the bucket, a drop in the bucket, is neither painful nor itching, be of no great importance, not worth crying in the corner, cry heart out, half alive, hardly wished to live.

Next, the jury's verdict relates to the punitive compensation "in Europe and the United States the common civil case" (Punitive Damage). This is a kind of compensation amount greatly exceeds the actual damages, the purpose is to punish the infringement and illegal iron, execute one as a warning to others, warn others against following a bad example! The malicious infringement, fraud, fraud or for product liability companies shiver all over though not cold, tremble with fear on hearing of, fear, never dare to commit. In accordance with the USA law, as long as the defendant has "fraud", "reckless", "malicious", "arbitrary", "bad", "serious consequences" tort liability act or the rules applicable, can be.

The discussion behind closed doors, the jury convicted, McDonald's is not only should bear the legal responsibility Coffee too hot, poor quality, but also due to turn a deaf ear to the complaints, hundreds remain indifferent towards sth. from scalding accidents, the act of tort has obviously become a "reckless" and "malicious" in nature, therefore, in addition to "compensation" the defendant shall pay punitive damages, the plaintiff $two million seven hundred thousand "". Thus, priced at forty-nine cents a cup Coffee, finally caused a huge $two million eight hundred and sixty thousand compensation for McDonald's Corp!

After the verdict was announced, the government shocked, wow. The news media hype, Bishijiuxu, crooked on legal, sensational; civilians unknown details, hearsay, sigh deeply, Voices of discontent. The old woman, to blackmail were treacherous greed, lawyers, law Touch the Sky fantastic and absurd, damages, the jury utterly ridiculous. The more money a busybody, went to McDonald's for Coffee, lest the temperature is not high, but Coffee not hot, dream heaven Hongyun, expect "a hot rich". However, McDonald's Dongchaqijian, prevent trouble before it happens, Coffee cup already in place, marked with "high temperature hot drinks, burn care" and other legal term warning, at the same time fade not Qiao son to Coffee temperature dropped to 70 ~ 72 ℃, the dream be rich come in high spirits but return disappointed.

Not only from the dream, who failed to a windfall, but Li Burke himself didn't get $two million eight hundred and sixty thousand huge compensation. The presiding judge, jury in fact finding basic right, sentenced to "punitive damages" reason also quite adequate, but, in this case, the plaintiff's responsibility should not be underestimated, but the jury's verdict "punitive damages" amount obviously too high, feeling it, have the punishment exceed the crime, overcorrect, unfair. So, the judge at the stroke of a pen, will "punitive damages" by two million seven hundred thousand one guys cut to $four hundred and eighty thousand, plus "the original $one hundred and sixty thousand compensatory damages," total amount of compensation payable to reduce the McDonald's for $six hundred and forty thousand.

Fair, the presiding judge of his justice. Although McDonald's self-willed, ignoring the complaints, Cao Jian, skin, escape hard responsibility, however, the scald accident, the plaintiff's own negligence, drop it, they should bear the responsibility of individual, at least should be accounted for about eighty percent. Therefore, compensation is reduced from two million eight hundred and sixty thousand to six hundred and forty thousand dollars, to be perfectly logical and reasonable.

However, both sides are not agreed to the judges ruled, that continue to appeal. But before long, the two sides announced suddenly, has reached a secret out of court settlement. The reason is very simple, the advanced in age, frail, sickly, tomorrow without, if the lawsuit by appeal, layers of Hanyuan, delay for a long time, elusive, even if ultimately won the huge compensation, is still draw water with a bamboo basket in vain, not overdo sth., or when to stop is appropriate. McDonald's sold Coffee really odd hot and clinking, if it continues with a eight year old, were burned old lady passing check evidence of both parties at court, vindictive, become entangled in, the media took the opportunity to talk nonsense, stir up enmity, booing frame calamity, not only damage the McDonald's business image, and the impact of the global chain of daily business, or compromise, an out of court settlement as well.

After many years, according to the legal authority to disclose, McDonald's secret. Burke's one-time payment "settlement", the total amount of about sixty to seven hundred thousand dollars, and the judge's ruling roughly. Planing to 1/3 lawyers, Sally Burke probably got four dollars compensation, the additional conditions: the victim family must "keep silence", not to write articles, books, interviews with the media and other forms of "case histories", shall not disclose the reconciliation inside and details, destroy the McDonald's Corp's business reputation and image. This create a great sensation cases, finally officially fell heavy curtain.

Prevention of hot scald in protecting the interests of consumers, "McDonald's case, Coffee" played a promotion role sensation hitherto unknown and free advertising. Through the case, American restaurants and consumers around the world know, accidentally spilled a cup of hot Coffee, it may cause a near fatal injury, it may lead to a global compensation cases, it may lead to millions of dollars in punitive damages, absolutely not to turn a deaf ear to, let down! For a company and the enterprise boss, McDonald's case a serious warning to execute one as a warning to others, a blow and a shout: don't take improper bean bag of dry food, don't put the customer not God, don't take complaints seriously!

It is worth mentioning that, because McDonald's Coffee scald accident in the car, in order to prevent the recurrence of a similar accident events, global auto makers are from the safety of customers, the special position placed safely drink cup designed in the seat next to, greatly reduces the possibility of accidentally spilled hot drinks. Humanized design, the safety of consumers attach great importance to it, prevent trouble before it happens, for the benefit of customers, result in the society.

Some people may think, a not worth mentioning the Coffee scald case, even claim millions of dollars, is this not the law as a child's play? This is not contrary to the natural world? In fact, this is exactly the USA legal genius! Under normal circumstances, the principle of civil law should indeed follow the small small, big fault negligence penalty punishment. However, America three hundred million consumers, even one percent of them suffered big company malicious bully, or the economic and moral damage suffered infringement and fraud, was forced to spend the time and money to go to court or "fake", it would be a huge waste of judicial resources and social cost.

Therefore, only the illegal enterprise and tort counterfeiters penalty half alive, dissipate one's fortune, disappear from the scene, too late to regret, only to the victims and "fake" rich overnight, gained a world reputation, a feeling of exaltation upon fulfillment, be wild with joy, to defend the dignity of the law and the consumer rights and interests, can be very fruitful to combat malicious infringement and commercial fraud, and urge enterprises to strictly abide by the law-abiding and honest business, to form a good market environment in order to consumers and. At first glance, "punitive damages" against the natural world; calm thinking, this is actually reflect the height of legal wisdom.

"McDonald's Coffee case", America states a heap for hot too hot to sue McDonald's, Burger King, the fast food chain's lawsuit, so far, no one wins. However, the lawyer be insatiably avaricious, make trouble out of nothing, path, tactics one after another. In 2002, New York two teenagers accused McDonald's Corp intentionally conceals the health risk of fast food there, issued deceptive advertising, misleading customers frequent, causing obesity, diabetes, heart disease and other health problems.

In 2005, the second circuit court of Appeals in formal adjudications, requirements of responding to McDonald's "collective action". The appeal court ruling, the plaintiff lawyers have the right to collect evidence to support the action, can ask for the relevant internal data and secret documents to the McDonald's Corp. McDonald's headquarters argued that: "the civil procedure that all sorts of strange things, just make trouble out of nothing, make trouble out of nothing!" As everyone knows, McDonald's did not back the gun against anyone, forced consumers to buy hamburgers.

However, in some sense, "McDonald's obesity." this kind of fantastic and absurd lawsuit, not Nothing is right. In the face of a lawsuit and the pressure of public opinion, McDonald's to keep pace with the times, to change policy, began to try to switch to low-fat, improved recipes and soft drinks, reduce fried foods, increase vegetable and fruit, trying to reshape their image, to win global consumers to take on an altogether new aspect face.

It is under the legal regulations, super Multi-National Corporation strength stronger, the more often dare not bully the weak, arrogant, but did not dare to act recklessly and care for nobody to put profits before the public interest as if, instead, to be very careful, law-abiding, self-discipline, in product quality and customer service, but did not dare to play the playing sly, a slight mishap. It is in a jury trial deterrence, super Multi-National Corporation have seen ordinary consumers as God, become the commercial specification, and observance of ethics, be happy in doing good, become the social responsibility of charitable people. Believe it or not, "harmonious society" was built.