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Against tort reform essays
Against tort reform essays
Tort reform in the us
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The case Hot Coffee is an interesting case that took place in a sensitive point in recent judicial tort reform. It was a product liability lawsuit which took place in 1994, a New Mexico jury awarded $2.86 million to the plaintiff Stella Liebeck. She was a 79-year-old woman who had suffered third-degree burns in her pelvic region when she accidentally spilled hot coffee in her lap after purchasing it from a McDonald's restaurant. Liebeck was hospitalized for eight days while she underwent skin grafting, followed by two years of medical treatment. The jury issued a list of damages which included $160,000 to cover medical expenses and compensatory damages and $2.7 million in punitive damages. The trial judge reduced the final verdict to $640,000.Her …show more content…
It was to make sure that the coffee reached its customers in a reasonable manner to avoid harm. Also it was to make sure that the coffee was in a safe container meant for transportation. McDonalds violated their duty of care by having their coffee at an above average temperature and didn’t convey this information to their customers. The tortfeasor or the person coming the tort in this case was McDonalds. Their actions were negligent because Liebeck’s lawyers obtained documents obtained from McDonald's showed that from 1982 to 1992 the company had received more than 700 reports of people burned by McDonald's coffee to varying degrees of severity, and had settled claims arising from scalding injuries for more than $500,000. Liebeck was award $2.86 million dollars by the jury but it was reduced to $640,000 by the trail judge. It was reduced because of a cap that was present in the state when it came to these matters. Caps are bad because it creates disadvantages for consumers since they have limitations for claims while big corporations are protected from large settlements. Caps were created by corporations to protect corporations; this limits the potential of our legal
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
The larger serving size of Great Cups of Coffee is perhaps the most apparent gage that will improve appeal for the company’s customers. Receiving extra of a proportionately quality product for a comparable price obviously works as an enticement for customers to prefer Great Cups more than the opposition. While customers identify with a better quality and superior taste with fresher coffee, Great Cups supports its effective model of serving coffee that has been roasted no more 72 hours ago and that is blended and ground right at the store. Great Cups also provides as an unintended marketing method community bulletin boards and assists with book club gatherings as well as
The case was taken to appeals court where they affirmed the verdict and neither court
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
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 starters, a business should not be throwing rolls and have extremely hot coffee sitting on their customers tables. I have been to Lambert’s many times and there have been several times where the person throwing the roll miscalculated their throw and ended up hitting someone in the head, or hitting a customer’s drink. Actually, from personal experience, my family and I were all at Lambert’s one afternoon and my little brother Tyler (who was probably six at the time) wanted to catch a roll and ended up getting hit in the head with it. Trying to imagine them throwing rolls and selling hot coffee at higher temperatures than the coffee that severely burned 16 percent of Stella’s body is unfathomable. If Lambert’s were to do something like this and a little child just so happened to get burned it wouldn’t be considered comical like some perceived Stella’s case to be. According to Daniel Finney, “For starters, most hot coffee that is consumed by Americans is between 130-150 degrees Fahrenheit, which is still enough to make us cringe from taking a tiny sip and it burning our tongue. McDonald’s coffee, as well as numerous other fast food chains, serve their coffee around 180 degrees, which is about 30 degrees under boiling” (Finney, A Bad Brew: Misconceptions about the Hot Coffee Case, n.d.). Therefore, if Lambert’s were to serve their coffee hotter than McDonald’s coffee then they should pay severe damages to their unlucky customer. In Missouri damage caps are only in place for medical malpractice; therefore, there is no limit to how much a person can receive in damages. However, Missouri has a comparative negligence in which damages are reduced by one’s own percentage fault. With that being said, the person assumes the risks of being at Lambert’s and getting a roll thrown at them and possible knocking over their coffee.
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.
Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.
Cafe it can be observed that as Avinash used his money to purchase the Cappuccino and Danish Pastry he qualifies to be a consumer. After Avinash's tooth was injured by eating the Danish Pastry and he went to the manager asking for compensation for the dental repair. The manager showed him the clause Exclusion Clause on the back of the printed ticket which exclude any liability to the cafe if a consumer is injured by consuming the cafes food. After applying the 2 tests using the principles from the precedent Causer v Brown and Parker v South Eastern Railway it can be clearly seen that the clause was on the back of the ticket which no normal person who is waiting for food will look at and Avinash has been a frequent customer of the cafe and no one from the cafe ever informed the "Consumer" Avinash about any condition or clauses. The evidence against the cafe can be backed by the Australian Consumer Law S23 ,Australian Consumer Law S18 and Australian Contract Law Subdivision 4 Conclusion
Wenger, Y., & Rector K. (2012, June 26). Jury Awards Waverly family $55 million in Hopkins malpractice case. The Baltimore Sun.
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.
This paper is to discuss the case study entitled Hot Coffee as it relates to the victim Stella Liebeck and to answer the questions included in the case study. Caveat Emptor is Latin for “let the buyer beware.” A doctrine that often places on buyers the burden to reasonably examine property before purchase and to take responsibility for its condition. Especially applicable to items that are not covered under any strict warranty. According to this doctrine Stella Liebeck is responsible for her burns and the reason being is that Stella Liebeck would of known that the coffee was hot and should of taken extra care when handling the liquid as to not burn herself.
Starbucks takes the standards of business conduct very seriously. Starbucks “support(s) the global business ethics policy and provide(s) an overview of some of the legal and ethical standards” (Starbucks Coffee) around the world and in every store they serve their customers. Another important factor is that Sta...
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.
Introduction: Getting a snack or a drink between classes is not an uncommon activity for college students and faculty. A lot of the time students or faculty can only go to a café to get something because the individuals do not have enough time to wait in line to get food at a restaurant. Sometimes students or faculty go to the café because it is a lot closer than the restaurants. Most students and faculty will go to the name brand coffee place on campus like Starbucks, but some will go to the café located inside the library. With that being said, what gender goes to the library café more often?