Facemasks

[grcsftbll]

While I completely agree with you, it doesn't have to make sense.
Remember McDonalds' coffee being too hot?

That case is often cited as an example of a frivolous lawsuit but I read the actual case in Torts class. Before you reference a case, read it. It was far from frivolous.

 

[BuckeyeGuy]

That case is often cited as an example of a frivolous lawsuit but I read the actual case in Torts class. Before you reference a case, read it. It was far from frivolous.

Holowaty v McD's and McRick?

 

[grcsftbll]

Huge digression from softball but here's some info on it. http://www.lectlaw.com/files/cur78.htm

 

[BuckeyeGuy]

Huge digression from softball but here's some info on it. The Actual Facts about the Mcdonalds' Coffee Case

Massive digression lol! But still interesting, especially how McD's won summary judgement in Minnesota but lost in New Mexico for the same issue.

 

[cuzmail]

That case is often cited as an example of a frivolous lawsuit but I read the actual case in Torts class. Before you reference a case, read it. It was far from frivolous.

Actually I did in school. Although, It has been a while. Be careful putting your assumptions out there about reading and referencing when you don't know.
FWIW, I also have some personal reference with my wife being burned with a pot of coffee. If you do something dumb with a container of hot liquid, you will likely get burned. Only today's litigious society sees a check in that scenario.

I still contend that her actions made the case frivolous. Coffee is supposed to be hot. Coffee cups are not designed to be held between your knees. Regardless of what we think; this case will always be cited as a frivolous suit resulting in awarded damages. Now, I (and others) have to contend with McDonalds trying to put the cream and sugar in my coffee for me and I don't even use cream and sugar in their coffee.

I guess the tie in here is many of us have coffee in the morning prior and during those pesky 8:00a games.

 

[MTR]

Not trying to get away from the legal discussion here (I actually find it interesting) but concerning facemasks this past weekend... DD#2 attended a camp with 16 schools represented over the weekend and she was one of a handful of girls that wore her mask while going through fielding drills and pitching... a D1 pitching coach asked her "why are you wearing your mask here with no live batter" and she answered "it is the way I play, so it is the way I practice" to which the coach said "good answer"... I did not know about this exchange until the ride home but I asked her if the coach seemed bothered by her wearing a mask and she said no... I ate lunch with a D1 coach during the camp that I know personally and asked her about the mask and the stigma... her answer was "if she can make plays in a full suit of armor I could care less what she wears"... Take it for what its worth....

Did you ask her how much less she could care?

 

[MTR]

Actually I did in school. Although, It has been a while. Be careful putting your assumptions out there about reading and referencing when you don't know.
FWIW, I also have some personal reference with my wife being burned with a pot of coffee. If you do something dumb with a container of hot liquid, you will likely get burned. Only today's litigious society sees a check in that scenario.

I still contend that her actions made the case frivolous. Coffee is supposed to be hot. Coffee cups are not designed to be held between your knees. Regardless of what we think; this case will always be cited as a frivolous suit resulting in awarded damages. Now, I (and others) have to contend with McDonalds trying to put the cream and sugar in my coffee for me and I don't even use cream and sugar in their coffee.

The semi-final numbers (established prior to the settlement) were about right, if there had to be an award. I agree that the customer was part of the problem. The customer expects the coffee to be hot and I doubt many ever knew the exact temperatures of anything they buy. And if they did, there were option other than McD and if I remember correctly, this was not the first time they visited. Placing any containers filled with hot liquids between ones legs is irresponsible.

 

[dadofadirtlover]

The semi-final numbers (established prior to the settlement) were about right, if there had to be an award. I agree that the customer was part of the problem. The customer expects the coffee to be hot and I doubt many ever knew the exact temperatures of anything they buy. And if they did, there were option other than McD and if I remember correctly, this was not the first time they visited. Placing any containers filled with hot liquids between ones legs is irresponsible.

That's just like saying that every girl 15 or older who struggles with a BA of less than .200 and subsequently quits softball should sue the bat manufacturer for emotional and psychological damage and seek restitution for loss of scholarships and life experiences.

 

[quincy]

I was curious how this thread got to 5 pages so I opened it up again, now I know after reading this last page.

 

[Rocketech1]

If you do something dumb with a container of hot liquid, you will likely get burned. Only today's litigious society sees a check in that scenario.

You ever hear of Comparative Negligence? Sure someone could do something stupid like drop a cup of hot coffee on themselves but if a store has had numerous (100's) of complaints of their coffee being warmed to 180 degrees which is enough to cause 3rd degree burns and it does nothing to correct the problem, then I can see some fault on the part of the store. The bottomline is that there is more to the story than someone spilling coffee on themselves.