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wouldn't you sue if some crazy ass person with a justin bieber mask on, screams "BOO!" at your child and make it piss its self? ...gives me an idea for halloween..need to find a justin bieber wig..and a pimp cane! (ke ke ke..)
She could sue for "emotional distress", although that's the point of Halloween, so the judge might just laugh in her face. And yes 31, the coffee was hotter than it was supposed to be. What the media didn't tell anyone is that that particulate McDonalds was told multiple times that their coffee was too hot, and that just proved it.
26 - At that time, McDonald's kept their coffee above boiling temperature - above 212 degrees Fahrenheit. This was so they could pour several cups in advance of being ordered and they wouldn't cool off too much that customers complained. McDonald's had been warned over a dozen times to lower the temperature of their coffee. Finally, a woman sued when she received 3rd degree burns (which burns away all of your layers of skin, down to the muscle) when she spilled a cup of coffee from McDonald's on herself. The judge that made the ruling finally set an example for McDonald's of what can and should happen when you keep your coffee that hot. The woman deserved every penny she was given.
Genital mutilation is ALWAYS a good reason to sue, no matter who's at fault. If someone sold me a ridiculously sharp knife, told me it was dull as safety scissors, and I accidentally cut my dick off, I'd be suing everyone from the seller to the manufacturer, regardless of the circumstances regarding my penile excision. That was a lot of commas...
Actually, the McDonalds held coffee at 180 degrees which would cause 3rd degree burns in something like 5 seconds of contact. She also took the lid off of the coffee in the car. I don't think she deserved all the money she got as she was being negligible at the time.
There was a lawsuit in apex, nc against a Burger King that put cups of hot coffee in paper bags to pass to you through the drive thru window. They would never warn you which bag had your food and which had your coffee. A man sued because the coffee leaked, causing the bag to tear and dump hot coffee in his lap while he was wearing shorts.
105 - it doesn't matter if they are on his property. Haven't you heard of the burglar who sued the owner of the house he was breaking into because he got hurt in the process? The case would be dismissed based on freedom of speech. The owner can answer his door and say whatever he wants. It just so happened that his word and tone of voice frightened the small child.
68, these "incompetent employees" can't put sleeves that don't exist! The issue was that hot beverage containers didn't come with a "Caution Hot!" warning label on them cause companies foolishly thought that people would use their common knowledge and figure out that their coffee is going to burn them no matter how hot it is! Yes, it might have been too hot however she could have avoided it easily if she was using her brain and didn't place a hot coffee between her legs while operating a moving vehicle!
#115- "Haven't you heard of the burglar who sued the owner of the house he was breaking into because he got hurt in the process?" Yeah, funnily enough I have heard of that... in the movie Liar Liar. How about basing your examples off events that actually happened, not stuff you saw in a comedy movie?
"emotional distress" the tort being "Intentional infliction of emotional distress" requires Intentional or reckless act, Extreme and outrageous conduct, Causation (defendant must have actually caused the distress), and actual provable distress,( typically in the form of a mental illness diagnosed after the event) intentionally startling a trick or treater on halloween meets none of the criteria. there is no case not even a whiff of a case. if sued OP could countersue for frivolous lawsuit and win
Lots of noise here... 1) If you live ANYWHERE in ANY COUNTRY with a common law system, you CAN sue anyone else for anything you like. How this plays out depends on which country you're in, and in some places you can be punished for filing ridiculous lawsuits, but you are still fully capable of filing them in the first place. 2) If you file a lawsuit against someone, there is NO DISTRICT ATTOURNEY INVOLVED. In the McDonalds matter and the OP's case, these would be CIVIL cases, NOT CRIMINAL cases. In small cases between two individuals, there is often not even any legal representation involved in either side since the costs of hiring a lawyer often exceed the amount of damages being sought. 3) Any actual coffee place NEVER keeps coffee above the boiling point, anyway. It's completely unnecessary to use such hot water in the preparation of coffee, and you're really not even supposed to drink it until it cools down to about 160 degrees Fahrenheit at most. Keeping it at such high temperatures, therefore, creates a hazard for anyone handling the coffee for no good reason, therefore McDonalds loses their lawsuit.
To 26: Actually if you look up the facts on that case she had good cause. They were shoving the food out the window so fast that she quickly set the coffee between her legs and when she turned the lid popped off and the coffee was so hot that it melted her sweatpants to her legs and they had to surgically remove it and then graft skin from her backside and the backs of her legs. She was an 79 year old woman. At first she contacted McDonald's and told them that since she believed that they were partially responsible they should pay for a portion of her medical bills, they told her to screw herself. Then she got a lawyer and went to them again and asked for the full amount of their medical bills, they told her to screw herself. Then she took them to court and won her lawsuit where most of the cash was from punitive damages assigned by the jury. We spoke about it in my Legal Ethics class, it's actually quite fascinating what the media does to stories like this.
Suing over not showing for the prom is a matter of money spent in preparation for the event. If he agreed to take her to this event and he didn't show, for any reason beyond anything unavoidable (accident, death), she may feel entitled to compensation for all that was spent that otherwise would not have been spent (dress, shoes) and could not be used again (hair, makeup). While I think the idea of suing over this is frivolous, and that the expenses are solely on her (because nothing says she HAS to spend an obscene amount), I can also see where everything was done based on an agreement that fell through. I see it as similar to the breach of contract for not getting married but 'keeping the ring'. If a man proposes and the woman accepts, but then a few months down the road they break up, he has every right to take the ring back. In some cases, it's the law. Of course, this law varies by state.
I think he only has the right to take the ring back if she broke up with him. If he breaks up with her then I think it is her right to keep the ring if she chooses because it was in fact a gift to her. It may be an expensive gift, but a gift non the less, and no one has the right to demand to be given back something that they gave of their own free will.
How are you going to sue someone for that on any day?! The fucking brat pissed her off, the mother didn't do anything to make it behave. The brat pissed itself. Shit happens, fucking deal with it. They had it coming. You americans somehow like suing eachother don't you?
A lot of you are being really insensitive and ignorant. The media and McDonald's purposely made the case look frivolous. The coffee was made over 100° F hotter than it should have been, for one. They were in a parked car and it spilled. It literally fused her labia together and she had to get skin grafts on her thighs, vagina, and her bottom. She was a 79 year old woman. McDonald's was completely at fault. They ignored the many times people have been burned until a woman literally got third degree burns on her genitals. And then all of you ignorant dumbasses blame everything on her, of course. Check before you blame an innocent 79 year old woman for getting third degree burns on her genitals and needing skin grafts.
Don't worry about being sued, that was just a mother being a mother.
It's okay, if she does attempt to sue, she'll look like a complete retard and won't be taken seriously. Happy Halloween OP!
Why would she sue you for actually scaring a cild on Halloween? People these days.
cause ya asked..i went to..GOOGLE! so here is CILD: Centro Italiano Logoterapia Dinamica, Center for Computational Intelligence, Learning and Discovery, Chakra Induced Lucid Dream, Chronic Inactive Liver Disease, Chronic Infiltrative Lung Disease. Not funny? How about: Chest Inducing Lung Destroyer? or Clone Idiots Little Dick.. (ke ke ke..)
sorry, but this fml just cracked me up. Little bugger got what he deserved, and the mom needs to take the stick out of her ass. Oh sure kid is gonna be scared for a couple of days..maybe..but one: it was halloween, and two: did you video tape it? Would be epic to see on youtube. XD