...---------- McDonalds coffee and the Liebeck lawsuit Lis Riba, 2000 Here are some facts about what really happened: At the trial, it was revealed: •McDonalds required their coffee kept at 185 degrees Fahrenheit, plus or minus 5 degrees, significantly higher than other establishments. [Coffee is usually served at 135 to 140 degrees] •An expert testified that 180 degree liquids will cause full thickness burns in 2 to 7 seconds. •McDonalds knew before this accident that burn hazards exist with any foods served above 140 degrees. •McDonalds knew that its coffee would burn drinkers at the temperature they served it. •McDonalds research showed that customers consumed coffee immediately while driving. •McDonalds knew of over 700 people burned by its coffee, including many third-degree burns similar to Ms. Liebeck's. •McDonalds had received previous requests from consumers and safety organizations to lower their coffee temperature. There were many things McDonalds could've done to prevent injuries: •lowering the holding temperature of their coffee, •putting warning labels on the cups not to drink immediately, •redesigning the...
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...Risk Management 2301 Stella Liebeck VS McDonalds This case involves two parties; McDonalds and Stella Liebeck, a 79-year-old female, was sitting in the passenger seat of her grandson’s car having just purchased a cup of McDonald’s coffee. After her grandson stopped the car, she tried to hold the cup securely between her knees while removing the lid. However, the cup tipped over, spilling boiling hot coffee onto her legs. She received third-degree burns on over 16 percent of her body, this required eight days of hospital care, whirlpool treatment for debridement of her wounds, skin grafting, scarring, and disability for more than two years. Despite these horrifically extensive injuries, she asked McDonald’s to settle her hospital bills of $20,000. However, McDonald’s refused to settle, they offered her a mere fraction of the required $20,000. McDonalds offered $800. The jury awarded Liebeck $200,000 in compensatory damages, which was reduced to $160,000 because the jury found Liebeck to be twenty percent at fault and $2.7 million in punitive damages for McDonald’s callous conduct. (The judge was referring to the fact that; McDonald's revenue from coffee sales is in excess of $1.3 million a day.) The trial judge reduced the punitive damages to $480,000. Subsequently, the parties entered a post-verdict settlement. The case went on to be considered a frivolous lawsuit, which means the practice of starting or carrying on lawsuits that, due to their lack of legal merit,...
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...is a burn? Burns are physical injuries that occur when the human skin comes in contact with heat, radiation, electricity or certain chemicals. Burns are extremely dangerous and excruciatingly painful. Even a minor burn can be extremely painful. They can cause a severe damage to the skin and in some cases also to some internal organs of the body. They form permanent or temporary marks on the skin and involve the damage of the layers of skin. Basically burns are caused by any hot object or a chemical. Usually the most common agent causing burns is the fire. Other agents are hot liquids, electricity and chemicals and gas. Each year, over 200,000 Canadians receive medical care for burn injuries. More than 5000 of these are hospitalized for an average of two weeks, and of these, four percent will die from their injuries. How many of you have had a burn? How many of you have had, or ever had a loved one have a burn so severe that they had to go to a burn ward for treatment? I’d like to take this opportunity to give you a little history on the creation of burn wards in Canada, specifically Winnipeg, Regina (my own personal experience with my brother) and Toronto, the costs of these services, the leadership required to make these services a reality, and the important role these services play in the welfare of injured Canadians as a whole. Prior to the 1960s, burn victims were treated in general surgical wards. There were no specialized facilities for treating burn victims...
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...classification of burns that range from minor to severe. First degree burns, second degree burns and third degree burns. There are many causes of burn including sunburns, chemical or electrical burns and ones caused by fire. This paper will be and overview of the types of burns and there causes. It will also describe the best treatment for each type of burn and education of the patient. First-degree burns are minor and affect only the outer layer of the skin, the epidermis. They can cause pain, redness, and swelling and they can be erythematous, and dry. Usually, first degree burns do not require medical attention and can be given adequate attention and treatment at home. For minor,...
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...Nursing Role in Helping Burn Patient’s Coping Abilities with Body image and Self-esteem Abida Sultana NU201: Family Focused Nursing November 16, 2012 Part I: Clinical Narrative and Clinical Question: It was my 2nd pediatric clinical weekend; I was still trying to cope with my first clinical experiences at Shriners. I couldn’t sleep the night before, checked on my daughter several times (more than usual) to make sure she was safe. It was an overcast, dark, very quiet Saturday morning as I made my way into Shriner’s Hospital. All the way to the hospital from my home, the only thing on my mind was “who is waiting for me today”? Is the patient going to be a toddler, infant, or adolescent? Can he or she speak English? If not how am I going to communicate with him or her? My heart started beating even faster, while I was waiting for my instructor to come and take us to the patient floor. At 6:30, we went up to the 3rd floor and our instructor assigned each of us a patient. My patient Flora, is a thirteen year old adolescent female from Guatemala. She has sustained 70% body surface area flame burn including face, chest, and back, upper and lower extremities in November of 2001. It was a total mystery what had happened, how she was burned. The person who saved her stated that the patient’s legs were tied together by her sister. Some others stated that she was burned from the flames of the fire crackers. After going to the 7th floor...
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...Burns- Assessment of such as age and the depth of the burn , bsa, inhalation injury , injury of other special surfaces such as the face the perineum , hands or feet or genital areas as well as medical hx. Burns are classified as : superficial partial thickness --- deep partial thickness--- full thickness injuries, it is important to remember that these are similar to but not the same as first second and third degree burns. Fourth degree burn if used is classified as a full thickness burn that destroys also tendons and muscle usually from high voltage injury or prolonged flame contact. Superficial partial thickness- the epidermis is destroyed or injured and portion of the dermis may be injured to Deep partial thickness – the epidermis is destroyed and the upper layers of the dermis with possible involvement of the deep layers, cap refill and tissue blanching, hair follicle still in tact Full thickness- destroys everything up to and including the underlying tissue of bone and muscle, color ranges from pale white to red and charred brown and black. No sensation due to destruction of the nerve. Wound is leathery no hair or sweat glands. Wound must be grafted to heal BSA: Rule of nines: head is 9, arms are 9, chest is 18 anterior and 18 posterior , belly is 18 anterior and posterior, legs are 18 and genitals are 1. Lund/bowder method is more accurate it determines BSA based on proportion of the area to the whole body and is more precise. Usually is given estimate then...
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...of the severity of her injuries and the claim that the coffee was too hot. Stella Liebeck’s...
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...Regional Burn Association Designed for the years 2015-2020 For Mr. Paul Shwartzman Submitted on the Date of December 4, 2014 Introduction History of the Finger Lakes Regional Burn Association (FLRBA) Founded in the late 1980’s and formerly incorporated as a 501c3 in 1989, the Finger Lakes Regional Burn Association (FLRBA) is a non-profit organization committed to primarily serving residents of the Finger Lakes regional and occasionally beyond regardless of social or economic status. The idea for the burn association was first proposed by the Monroe County Fireman's Association. The staff at the Strong Memorial Hospital Burn Unit was receptive to the idea and organizational needs were established. The Rochester Fire Department was then brought into the organization. Since then, the association has grown to include other elements of the fire services as well as members of the emergency medical services, and interested professionals from throughout the community. The organization works to insure that anyone impacted by a burn related injury receives the necessary resources on their road to recovery while raising fire and burn prevention awareness. The initial goals established in 1988 still stand today. They are to present burn and fire prevention information to the community, to provide support to burn survivors, to support local burn care research, and to support the regional burn center at Strong Memorial Hospital (Rochester, NY) with equipment to enhance burn care, and...
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...suffer from pain or inflammation in muscles and joints. It is made from the essential oils: Wintergreen, Camphor, Peppermint, Blue Tansy, German Chamomile, Helichrysum, and Osmanthus (a flower located in China). I have used Deep Blue many times before. When I got injured and strained my muscle, I applied it to the area, and immediately felt relief. Not only did Deep Blue take the pain away, but it helped heal my strained muscle faster than it would have on its own. I have also suffered from knee injuries that caused me severe pain, inflammation, and swelling. I used Deep Blue Rub and I was able to do physical therapy without pain. It has helped prevent the knee surgery I might have otherwise needed. “The CPTG essential oils found in Deep Blue Rub have been proven to allow the body to fight infection and repair damaged tissue by preventing the immune system's response to create chronic inflammation” (AromaTools.com). While a certain amount of inflammation helps fight disease and heals injuries, chronic...
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...Who Is Responsible For Ms. Liebeck’s Injuries? When customers order a cup of coffee at McDonald’s, they would expect to have a hot full flavor cup of coffee. However, that was not a case. On February 27, 1992, one of the McDonald’s customers ordered a cup of coffee for herself. Yet, that cup of coffee was not just hot, but it was extremely hot. As of result, she was hospitalized for eight days and suffered third degree burns over her inner thighs, perineum, buttocks, genitals, and groin areas. How could she get burned that bad from a cup of coffee? What was the temperature of the coffee at the time of this incident happened? What kind of cups and lids McDonald’s served their coffee in? Both the lady and McDonald’s have strong reasoning behind their respective cases but ultimately who is responsible for the incident that occurred? Her name is Stella Liebeck, she was seventy-nine-year-old. She was sitting in the passenger seat when her grandson drove his car through a McDonald’s drive-thru window for her to order a cup of coffee. After receiving the order, the grandson pulled his car forward and stopped for his grandmother to add sugar and cream to her coffee. While parked, Ms. Liebeck placed the cup between her knees and attempted to remove the lid from the cup. As she tried to remove the lid, the contents of the cup spilled onto her lap. The coffee was at 185 degrees Fahrenheit at that time of the incident since McDonald’s served its coffee far higher than...
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...can be noted from the evidence that when viewed from a perspective that is strongly in favor of the nonmoving party that it can reasonably come to one conclusion which is adverse to the nonmoving party. The summary judgment was granted because the injuries were a result of causes attributable to Paul and Evelyn rather than Burger King. 3. The facts of this case are that Paul Nadal was driving his son Christopher and his two daughters to school. Paul’s mother Evelyn was in the passenger seat, while Christopher sat in the front between Evelyn and Paul. On the way to school they visited the drive-through window of a Burger King owned by Emil. One of the orders was two cups of coffee, which were served with fitted lids and served through the car window. Evelyn claims to have tasted one cup of coffee and found it to be too hot and that the lid jiggled a bit causing some coffee to spill and burn her leg. She closed the coffee lid’s flap and either placed the tray of coffee on the floor or on the dashboard. As Paul was driving away and made a left turn Christopher exclaimed that his foot was burned at which point it was noted that a cup of coffee had spilled onto Christopher’s right foot which was then treated for second-degree burns. 4. This was not a case of negligent infliction of emotional distress as there was not strong evidence for any emotional distress from the incident. The statement found the grandmother to be worried and that the father had this incident occur...
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...Phyllis Rose 10-4-14 Ms. Turner Human Anatomy Physiology Homework 5th period First, Second, And Third Degree Burns A first degree burn is an injury that affects the first layer of the skin. That first layer is called the epidermis layer. The wound description is a minor. It tends to go away in a few days. What can cause a first degree burn are sunburns, scalds, and electricity. The level of pain can increase and swells. If you want to treat your wounds at home, you must use a cool compress over it. The skin may peel as it heals and can take up to 20 days to heal. Always contact you doctor especially for electrical burns. You can sometimes have scars but they can fade away over time. A second degree burn are injuries that affect layers beyond the first layer of skin. The layer that is damaged is called the dermis. The wound description type is extensive. Some second degree burns take longer than three weeks to heal, some takes up more. This type of degree causes the skin to blister and become extremely red and sore. Some blisters pop open, giving it a water like look. There are a lot of thing that can causes a second degree burn. One of them is a chemical burn. Pain can be exquchiating if applied with the wrong application to heal it with. To heal second degree burns, do not use cotton ball wraps and treatments made at home you think can help that you may have questions about that may or may not be safe to used. To treat it, run cool water on the wound for fifteen...
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...Case Analysis Liebeck v. McDonald’s Restaurants Pearson v. Chung Introduction Liebeck v. McDonald’s Restaurant, also referred to as the “McDonald coffee case”, was a well known case in the United States of America in 1994 because it was considered frivolous. The case involved a woman Stella Lieback, who spilled the hot coffee she purchased from McDonald onto her lap and sustained a series of third degree burns, and was awarded millions of dollars from her lawsuit against McDonalds. The coffee was not only hot, but it was scalding, capable of immediate damage to the skin, flesh and muscle (Letric Law, 2011). In addition to the above case, the Pearson v. Chung case, also known as the “pants lawsuit”, was also a well known case in America in 2005 (Lexis-Nexis, 2008). This is a case where an administrative law judge in the District of Columbia had taken a pair of pants to the cleaners for alteration and dry cleaning; and sued the cleaners for $67 million dollars for the loss of his pants. The case was considered frivolous and became a flashpoint in the debate in the United States over tort reform (Lexis-Nexis, 2008). The major focus of this paper will be to critically analyze these two cases on the stated facts, the issues, the applicable laws, and the decision of the judge and the jury. What are the facts? There are some facts associated with Liebeck v. McDonald’s case. The woman involved in this case was 79-year old Stella Liebeck of Albuquerque, New Mexico,...
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...* Always keep young children out of the kitchen while cooking and preparing meals. Institute a rule, no playing or running in the kitchen. If kids want to help with food preparation, make sure they are carefully supervised. * Don’t allow distractions while you are cooking. Don’t talk on the phone or go to another room while something is cooking. Keep your attention on what you are doing at all times. Don’t allow pots to boil over, baked dishes to burn and cause smoke or grease fires. If you have something cooking on very low heat for a long time, make sure to use a timer so you don’t forget when to return to cooking. * Be aware of spills on the kitchen floor that could cause someone to slip and fall. Mop up any spills immediately. * When cooking on the stove, always turn handles of pots and pans inward, so they don’t stick out. This is so that no one can accidentally knock a hot pan or pot off of the stovetop. * Keep the stovetop clean and clear of debris, grease, paper, or any objects that could potentially catch on fire. Periodically clean your oven of grease that could cause a fire. * Tie up loose hair, and roll up shirt sleeves so they don’t accidentally touch the stove or cooking pots. When preparing foods, take caution against burning yourself by putting your safety first: * Never taste by dipping your finger into food that is hot or cooking. Use a spoon, and let the food cool down first before tasting it. * Use a potholder or an oven mitt when...
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...Severe Body Burns How Severe Burns Affect the Muscular, Integumentary, and Nervous Systems December 15, 2009 Severe Body Burns The purpose of this paper is to review the possible damage and some of the treatments available for muscular, integumentary, and nervous system after patients have received severe burns to their body. Over 2 million people are badly burned every year, with fire accounting for one fourth of the burns (Cakir & Yegen, 2004). While the muscular, integumentary, and nervous systems are three separate systems they rely on one another and other system of the body to maintain homeostasis in the body. The nervous system uses nerve impulses to communicate and control body functions. The nervous system sends a nervous impulse which the muscular system responds to by contracting a muscle to produce movement or generate heat to maintain the core body temperature (Thibodeau & Patton, 2008). The integumentary system protects all of the underlying systems, but also allows the body to respond to stimuli such as nerve impulses sent from the nervous system. While other systems of the body are also affected by a severe burn, this paper will focus primarily on the muscular, integumentary, and nervous systems. The muscular systems primary functions are to produce movement, maintain posture, and generate heat the body needs to maintain its core temperature (Thibdeau & Patton, 2008). When a serious burn occurs it is...
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