The woman’s third-degree burns were so severe that she required skin grafts. These were not burns from a house fire, however, they were burns from a scalding cup of McDonald’s coffee. You might remember the incident from 1994 in which the woman sued McDonalds for her burn injuries. The jury awarded the woman $2.7 million in punitive damages, but McDonalds settled the case for a lesser amount.
The case received widespread criticism as a frivolous lawsuit and it became the catalyst for tort reform in America. Large corporations used the “hot coffee case” in an effort to gain public support for cutting down on so-called frivolous lawsuits that netted large rewards for the plaintiffs. A documentary, “Hot Coffee,” released last month chronicles the lawsuit and attempts to clarify the “myth of tort reform.”
The documentary’s creator, Susan Saladoff, explained that politicians and large companies desire to reduce damage awards to plaintiffs in personal injury lawsuits. The film sets forth facts about the case that supporters of tort reform failed to disclose. In addition to the severity of the woman’s burn injuries, there was evidence that McDonalds served extra hot coffee on purpose to cut-down on customer refills. Also, McDonalds knew the coffee lids were faulty but continued to use them anyway. Initially, McDonalds offered the woman an $800 settlement.
Saladoff is an attorney and reminded interviewers that plaintiffs have a right to a trial by jury under the 7thAmendment. Supporters of tort reform want to take away that right along with fair and just rewards for plaintffs’ injuries.
The Hot Coffee newscame to us from this Indiana personal injury firm.
Harrell & Nowak, L.L.C. – New Orleans injury attorneys