< Library - Consumer Rights                                                                 
Consumer Protection

WHEN THE JURY SPEAKS, CORPORATE AMERICA LISTENS!
(Why the McDonalds's Coffee Jury Made a Difference)

      A coffee spill resulting in a $2.8 million dollar jury verdict? Isn't that ridiculous?

      I would often hear these comments whenever I am in jury trial. In response to my questions in jury selection, many prospective jurors point to the McDonald's coffee case as an example of how our legal system rewards "frivolous" lawsuits. However, few people know the true facts of the case.

      The accident occurred in Albuquerque, New Mexico in 1992. The plaintiff Stella Liebeck was an elderly woman. Mrs. Liebeck and her grandson purchased breakfast at a McDonald's drive-thru window. After they received the food, Mrs. Liebeck's grandson stopped the car, so she could add cream and sugar to her coffee. When she lifted the lid of the coffee cup, the coffee spilled into her lap. Contrary to popular belief, Mrs. Liebeck was not driving, and the car was not moving when she spilled her coffee.

      McDonald's keeps its coffee heated in the pot between 180 and 190 degrees, which is much hotter than the coffee at other restaurants, and much hotter than coffee served at home, which is usually 135 to 140 degrees. As a result of the extreme heat of the McDonald's coffee, Mrs. Liebeck suffered third degree burns on her thighs, buttocks, genital, and groin areas. She had to spend eight days in the hospital, and received skin grafts.

      During this case, McDonald's own records showed that over 700 people filed claims after being burned by its coffee from 1982 to 1992. As the temperature of food goes above 155 degrees, the risk of burn increases dramatically. A liquid at 180 degrees, like the McDonald's coffee, will cause a third degree burn in 2 to 7 seconds.

      McDonald's quality assurance manager admitted that if someone tried to drink the coffee right after it was poured into a cup, it would burn their mouth and throat. McDonald's own research showed that its customers intend to consume the coffee immediately while driving. Nevertheless, the quality assurance manager testified that McDonald's has no intention of reducing the temperature of its coffee. The reason McDonald's keeps its coffee extremely hot is to save money. As coffee cools, it begins to lose its flavor. The high temperature allows McDonald's to keep the coffee in the pot longer, and to avoid brewing additional pots of coffee.

      McDonald's chose to keep its coffee at an unsafe temperature in order to cut costs, even though it knew there was a serious risk of burns to its customers. Without the threat of jury verdicts, companies will continue to put their own profits above the safety of their customers. If you still feel sympathy for McDonald's, you should know that Mrs. Liebeck offered to settle her claim for only $20,000. However, McDonald's refused.

      The jury returned with a verdict of $2.7 million punitive and $160,000 in compensatory damages. Although the judge found McDonalds' conduct reckless and callous, the jury verdict on punitives was reduced to $480,000.

© Law Offices C. Joe Sayas, Jr.