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Intentional and unintentional tort
Intentional and unintentional tort
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Introduction
An unfortunate dispute arose between an old lady named Stella Liebeck and the chain food restaurant McDonald in 1992 when this old lady received an extensive burn from coffee supplied by McDonald. Differentiating its coffee with an excessively high hotness, Stella Liebeck bought a cup of this coffee and it was served why she was sitting in the passenger’s seat of her grandson’s car. It resulted into litigation because when this lady tried to add cream and sugar into the coffee, it spilled on her, and with it extremely hot temperature, Stella Liebeck suffered tremendous injury and was hospitalized for some time. This paper analysis the basis of Stella Liebeck’s claim against McDonald, discusses whether the tort was intentional, negligent, or strict liability. Also discuss is why Ms Liebeck’s lawyer believe that McDonald’s was liable to Ms Liebeck, whether it is reasonable for a hot drink purchased from a restaurant might quickly give a third degree burns, how the jury decide the case, and the reason the jury decided the way they did.
What was the basis of her claim against McDonald's?
The case brought against McDonald by Stella Liebeck was on the ground that the coffee was unacceptably hot and the chain restaurant understood the danger posed by a liquid of such high temperature. In addition,
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Intentional torts result when the tortfeasor act intentionally with the intend that the consequences of his/her action would be harmful. Negligent torts result when the breach of the duty of all persons, as established by start tort law, to act reasonably and to exercise a reasonable amount of care in their dealings and interactions with others occurs. Strict liability tort is without any fault, but causes danger or serious harm to the society or person involved (Lau, T. & Johnson, L.
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.
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.
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.
General speaking, a tort of negligence is a failure of someone or one party to follow a standard of care which means failed to do what a reasonable person do or do what a reasonable personal would not do. From the interest perspective, the tort of negligent investigation is an offence against private interest of an individual, corporation or government due to the negligent investigation. Whether a tort of negligent investigation exists in Canada is related to whether investigators owe a duty of care to person being investigated and what is the standard of care. Finally, a tort of negligent investigation only exist when there is a loss or injury to the suspect and the loss or injury was caused by the negligent investigation.
From the point of view of Kantian ethics the strategy of Starbucks in the case of its legal persecution of the Charbucks brand is not a rightful approach. Kantian ethics implies that in any case concerned people have to be treated as human beings and not like the objects. In the actions of Starbucks there is a clear pattern of not considering the human factor in their legal case against the Black Bear. The ethical approach of Utilitarianism does not justify the actions of Starbucks Company either. This ethics views each action from the position of the co...
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)
The 1994 civil case of Stella Liebeck, a 79 year old woman from Albuquerque New Mexico, versus McDonald’s, a successful billion dollar corporation, is that of controversy and misunderstanding. In 1992, Stella and her grandson went through a McDonald’s drive through for breakfast. Stella got a cup of coffee in a styrofoam cup with her food. Her grandson pulled out from the drive through and stopped the car so Stella could put cream and sugar into her coffee. Because there was no cup holders in the car, Stella placed the coffee in between her legs and tried to pry the plastic lid off the cup. When removing the lid, the cup spilled all over her lap. The pants Liebeck was wearing soaked up the liquid, then began burning her skin. She got 3rd degree burns from the hot coffee within a matter of seconds. She ended up spending eight days in the hospital where she endured an expensive and painful treatment.
In-N-Out Burger has been no stranger when it comes to protecting the popular fast food
Hot Coffee Movie is a film produced in 2011, which discusses and analyses the impacts of the amended tort reforms in the US judicial system. Susan Saladoff is the director of the movie, who has practiced medical malpractice attorney for more than 25 years. The movie has four evidenced exhibits, which Susan Saladoff uses to illustrate the alleged lame side of the United States tort reforms. Tort reforms are the limits set by the states on the payment allowed to be honored by the defendant as damages to the plaintiff.
The documentary “Hot Coffee” explores the case in which an elderly lady filed a lawsuit due to a third degree burn. The Mcdonald's coffee case gained a great deal of attention, as it showcased how individuals are taking advantage of legal system with their access to easily start a lawsuit. The issue towards tort reform was brought upon the issue of the case, as individuals believe that justice was thrown out the window. Media then began to attract a great deal of attention, with the payout of “2.7 million dollars” for the damages and medical suspenses upon the old lady. A warning that pointed out the dangers that an individual can cause to a company, as a simple spill of coffee can turn out for the worst.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
In the fast food industry, public safety should always be the first priority. In many cases this statement is not true, as many organizations only seek to increase their profit margins at any costs. When a situation occurs, there are not many leaders or companies that will step up to attempt to redeem their business at the risk of profit loss or loss of business. I have chosen to discuss two instances in which a fast food company showed how to take account for their actions, and an organization who failed to take account of the problems they have caused.
Strict liability is distinct from liability due to negligence as under strict liability individuals may be imprisoned even if they take all possible precautions to act reasonably unlike in case of negligence. Thus, strict liability promotes high standards of care to avoid such conduct thereby protecting the public from dangerous or prohibited practices. 2. Promoting Greater Enforcement of the Law Strict liability does away with the requirement of proof of intent or negligence on the part of the offender. Thus, it eases the burden on the prosecution to prove mental culpability in terms of intent or negligence in difficult cases.
McDonalds is one of the largest food chains globally and in the U.S. It has one of the most recognized symbols with the golden arches. There are more than 34,000 local McDonalds around the world and they serve approximately 69 million people in 118 countries every single day. They also spend about two billion dollars on advertisements each year. The ethical issue that I want to address in this essay is whether or not McDonalds is ethical for advertising and selling obese and unhealthy foods to its customers. I believe it is important to explore this organization because McDonalds is one of the largest and most well-known food chains around the world. It is important to know that an organization as successful and large as them is also ethical with their approach. If a corporation as successful and profitable as McDonalds can be ethical with their selling and advertising schemes then just about any other organization or corporation striving towards that same goal can be too.