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Week 4 - Product Liability and Tort Law Discussion (Essay Sample)



This is a graded discussion: 20 points possible due Nov 17 Week 4 - Product Liability and Tort Law Discussion 1 1The McDonald's Coffee Lawsuit is a famous product liability/tort claim case relevant to your reading from Chapter 10 this week.  The basic story is that an elderly woman went through a McDonald's drive-thru, ordered coffee, and then spilled it on herself.  The coffee burned her and she required medical attention.  She turned around and sued McDonald's for the costs of her medical care as well as punitive and other damages. A jury awarded her about $3M total.  This case was widely panned in the national media as an example of frivolous litigation and why we need tort reform.  See the Liebeck v. McDonald's Restaurants article in Wikipedia (https://en(dot)wikipedia(dot)org/wiki/Liebeck_v._McDonald%27s_Restaurants) for an overview. After reading that Wiki, take a look at the following videos:(Serious version)The New York Times. (2013, Oct. 21). Woman Burned by McDonald's Hot Coffee, Then the News Media | Retro Report | The New York Times. Retrieved from YouTube. (Funny version...might be a bit crude)Woman Burned by McDonald's Hot Coffee, Then the News Woman Burned by McDonald's Hot Coffee, Then the News … …11/12/2019 Topic: Week 4 - Product Liability and Tort Law Discussionhttps://maryville(dot)instructure(dot)com/courses/40154/discussion_topics/629736 2/3College Humor. (2016, Dec. 14). The Truth About the McDonald's Coffee Lawsuit | Adam Ruins Everything. Retrieved from YouTube. After seeing the three different perspectives about this case, consider this: In McMahon v. Bunn Matic Corporation (1998), Seventh Circuit Court of Appeals Judge Frank Easterbrook wrote a unanimous opinion affirming the dismissal of a similar lawsuit against coffeemaker manufacturer Bunn-O-Matic, finding that 179 °F hot coffee was not "unreasonably dangerous". In Bogle v. McDonald's Restaurants Ltd. (2002), a similar lawsuit in England failed when the court rejected the claim that McDonald's could have avoided injury by serving coffee at a lower temperature. Other major vendors of coffee, including Chick-Fil-A, Starbucks, Dunkin' Donuts, Wendy's, Burger King, hospitals, and McDonald's have been defendants in similar lawsuits over coffee-related burns.  This article discusses another lawsuit and had additional history and context to these types of lawsuits: In 1994, a spokesman for the National Coffee Association said that the temperature of McDonald's coffee conformed to industry standards.[2] An "admittedly unscientific" survey by the LA Times that year found that coffee was served between 157 and 182 °F, and that two locations tested served hotter coffee than McDonald's. Since Liebeck's lawsuit, McDonald's has not reduced the service temperature of its coffee. McDonald's policy today is to serve coffee at 176–194 °F, relying on more sternly-worded warnings on cups made of rigid foam to avoid future liability, though it continues to face lawsuits over hot coffee. The Specialty Coffee Association of America supports improved packaging methods rather than lowering the temperature at which coffee is served. The association has successfully aided theThe Truth About the McDonald's Coffee Lawsuit | Adam Rui The Truth About the McDonald's Coffee Lawsuit | Adam Rui… …11/12/2019 Topic: Week 4 - Product Liability and Tort Law Discussionhttps://maryville(dot)instructure(dot)com/courses/40154/discussion_topics/629736 3/3Replies are only visible to those who have posted at least one reply.Search entries or author        Reply defense of subsequent coffee burn cases. Similarly, Starbucks sells coffee at 175–185 °F, and the executive director of the Specialty Coffee Association of America reported that the standard serving temperature is 160–185 °F. Your assignment for this week is to persuasively explain which side of this argument you fall on. I am looking for both the legal basis of your argument as well as any ethical/moral or other considerations that might persuade you in this instance. Answer the prompt and respond to at least two of your peers' posts. You must make an initial post before you are able to view the posts of your peers. To view the discussion board rubric, click the three vertical dots icon in the upper right corner and select "Show Rubric."


Analysis of Product Liability and Tort
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Legally speaking, the law describes a tort as a civil wrong that brings about a loss or harm to a person and in the end causes the offender to be held legally liable. There are many factors that would govern whether an act is to be referred to as tortious or not and the main one is negligence. 

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