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Consumerism in America
American consumer culture
Liebeck vs mcdonalds case summary
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Citizens of the United States of America enjoy a lifestyle of freedom unlike that of any other country in the world. Companies and businesses are expected to comply with the standards of the average consumer; with that being said, American citizens are much more likely to file a law suit than consumers of a different nationality. In the year 1994 alone, thousands of law suits were filed (FindLaw). The most notable case, with exception to the Denny’s payout, was Stella Liebeck versus the popular fast food chain McDonald’s. Stella sustained third-degree burns when she accidentally spilled a McDonald’s cup of coffee onto her lap. She spent eight days in the hospital, receiving skin grafts for burns on her pelvic region. Stella was awarded $2.86 …show more content…
How was McDonald’s supposed to know that Stella would spill the coffee on herself? Coffee is meant to be served hot, just as blades are meant to be sharp. Stella suing for being burned by coffee is the same principal as a person suing a knife company after being cut by one of their products. The world is a dangerous place; many things around us have the capability to cause damage. Corporations should not be held responsible for any damage sustained after using their product improperly. McDonald’s could not have prevented Stella spilling the coffee on herself. . In the case of Liebeck versus McDonald’s, I definitely would have sided with McDonald’s. Despite the court’s decision, I disagree with the decision to reward Stella Liebeck financially. I stand by my decision for the reasons that coffee is meant to be served hot, Liebeck was extremely thin-skinned, and a company should not be held responsible for the misuse of their product even if it was unintentional. Our society is one that has almost become dependent on law suits, cases like Liebeck’s should not have been entertained in court. In my opinion, the judicial system failed
...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages to $480,000. The final out-of-court settlement was of approximately $500,000. For many, this case is frivolous (meaning that the plaintiff’s prospects of being successful were low or inexistent), but it really highlights the question of excessive punitive damages compared to the damage suffered and its causes.
Nurse finders later assigned Drummond to work at a Kaiser facility as a medical assistant. The Plaintiff Sara Montegue was a medical assistant at Kaiser. Drummond and Montague had a disagreement, Montague didn’t think it was much of a big argument to report it. Both Drummond and Montague had a discussion about misplaced lab slips where Drummond raised her voice. A few weeks after the discussion, Montague left her water bottle at work. Montague later drank from her water bottle and her tongue and throat started to burn and she vomited. Drummond admitted that she had poured carbolic acid found in a Kaiser examination room into Montague’s water
Krum, the court ruled that when the defendant sold ice cream to the plaintiff, he did so with the implied warranty that it was fit for human consumption, and referring to a previous case, determined that this implied warranty was necessary to the preservation of health and life (GRADUATE RESOURCE, Race v. Krum, 118 N.E., at P#2 and #4, (1918)); similarly, in Klein v. Duchess Sandwich Co., the court ruled that privity between the manufacturer and the ultimate consumer was not essential for recovery of damages as this recovery would not impose a greater burden on the manufacturer or on the immediate seller of the food than it would be if the original purchaser had been injured (GRADUATE RESOURCE, Klein v. Duchess Sandwich Co., Ltd., 14 Cal.2d 272 (S.F. No. 16626., at Pgs. 13-14
The analysis of the Kellogg’s case is presented in this chapter and will contribute to answer the research question. The case are evaluated and compared to the literature presented in the previous chapters and will support the conclusion of this paper.
Most people will not recognize the name Stella Liebeck but say the words “hot coffee lawsuit” and recognition will be instant. The story is almost so well known that it has almost passed into the realm of urban legend or myth. And in the broad strokes it has become a bit of a myth. An old woman drives through a McDonald’s drive through, orders a cup of coffee and then promptly and recklessly spills the beverage all over her legs. Then in search of an easy payday she sues the restaurant for millions of dollars, ultimately walking away a millionaire with no more damage than a ruined pair of sweatpants. The story has been held up as a parable for what is wrong with America today. The well-worn story can be held up to serve as a totem pole for any number of issues. People don’t want to work for money anymore, just look at that hot coffee lady. People don’t want to take responsibility for their actions, just look at that hot coffee lady. People are idiots, look at that coffee lady. As it turns out, the “coffee lady” is a good story for examining the world we live in today, but not for the reasons that might be expected.
The two companies, Beatrice Foods and J. Riley Leather Company, breached that duty. The fact that they breached that duty resulted in the continuation of many kids getting sick and dying. The plaintiff’s suffered a legal recognizable injury. Schlictmann was fortunate to prove that the plaintiffs including the residents of Woburn had the right to have clean drinking water. Under a variety government acts the drinking water should be sanitary. Both companies had a duty to care, and not to illegally dump toxic chemicals into any water source. Specially knowing they could be contaminating drinking
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
For this research paper, we were tasked with an assignment to review the case involving Nike's patent suit against Wal-Mart. My objective is to identify if Nike has a good claim and determine what Wal-Mart's defense should be. In a complaint filed in U.S. District Court of Northern Illinois, Nike claims that Wal-Mart "knowingly and intentionally" sold shoes that violated two of their patents (Renfroe).
“It’s important to preserve notions of individuals accountability and responsibility (Parks ).” Responsibility and accountability are attributes that many people believe should be part of everyone, but this is not what is happening if you take a look at the court systems. In today’s society people pressing lawsuits is readily accepted, and companies are looking out for it all of the time. There is almost always someone else that a person can blame for his or her misfortune other than themselves. Obese people are joining right in the trend also. They believe that the fast food industry can be found responsible for the weight epidemic that is blooming in the Untied States. The idea of a class-action lawsuit against fast food companies is a new idea that sprung from the class-action lawsuit against tobacco companies holding them responsible for the health problems of cigarette smokers.
In the case of Kolchek suing to recover for Litisha’s injuries, she can sure under the negligence liability. Every product should be fully tested in every way possible to see if the product functions correctly and will it injure individuals. There should not have been a whole that is not covered. Like stated in our book The Legal Environment of Business, “if a manufacture fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacture for negligence”. Kolchek could sue the manufacture. In this case which is Great Lakes spa. Porter was just a company that was selling the product. Great Lakes spa should have taken the initiative to examine their products throughly before putting it out on the make for individuals to buy. Like in our book The Legal Environment of Business stated, “A manufacture, seller, or lesser is liable for failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product.”
3-2. Are the critics overreacting to the situation? Do you think Keurig Green Mountain’s managers are handling this situation in the best way, ethically and responsibly? What else could they do to be more ethical and responsible?
The conclusions reached in this paper are the result of extensive investigation conducted through the Internet, personal interview, literature review, and legal findings. The consensus drawn from this analysis is that Starbucks is a shining example of corporate social responsibility and Humana is not.
The products of McDonalds are safely packaged when it is required for the product, in order the customer does not have any problems or and negative feedbacks to McDonalds. E.g. hot coffee cups have plastic lids on top so it does not spill or burn on the customer. Also, McDonalds ensure to offer nutritional guide of the product clearly state what the product contains.
Burger King uses a dispersed configuration for day to day operations as the majority of their restaurants are franchises with local suppliers. Yet Burger King Headquarters uses a concentrated configuration for marketing and development of products, as well as pricing. This centralization of marketing assists all franchises worldwide and provides the greatest value for the company, but the direction of available products and pricing has proven detrimental to the overall success of the firm. An article on CNNMoney.com describes the failure of the $1 double cheese burger to stimulate sales and how a number of franchisees filed lawsuits against the headquarters due to being forced to sell the double cheese burger at less than cost in order to boost revenues for the headquarters and shareholders and not the franchisees.