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Re: The McDonald's incident



----- Original Message -----
From: "Doug Craigen" <dcc@ESCAPE.CA>
To: <PHYS-L@lists.nau.edu>
Sent: Friday, June 23, 2000 2:04 PM
Subject: Re: The McDonald's incident



The size of the damages was quite likely unreasonable - but that does
not make this case stand out - the reason people ridicule the case is
they think of the last time they had coffee spilled on themself or saw
it spilled on someone else. People are careless in their handling of
coffee precisely because years of experience has shown them it might
sting a bit, but nobody gets seriously hurt. The fact that so few
people stop to even consider that she might have been seriously hurt
shows how deeply ingrained this expectation is. The fact is that the
restaurant knew that their coffee was hotter than normal - enough to
cause serious injury - and "everybody knows" that coffee spills are
commonplace. It seems pretty straightforward then that they should have
expected their temperature choice would eventually cause serious
injury. This is far from the worst thing a restaurant has ever done,
but I think a lawsuit of some kind against them is not a cause for
ridicule.


If an employee at McDs spills hot coffee on you and you are seriously
injured, then fine--sue. But if you spill the coffee on yourself (stupidly
trying to drink it in motion-- probably) then it is your fault! It's
something called 'personal responsibility', a concept that has been all but
lost in our litigation crazed society. Our foolishness and stupidity must
always be blamed on someone else. For these reasons the McDs case is quite
worthy of ridicule no matter how hot the coffee actually was.

Rick

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Richard W. Tarara
Associate Professor of Physics
Department of Chemistry & Physics
Saint Mary's College
Notre Dame, IN 46556
219-284-4664
rtarara@saintmarys.edu

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