Disney tourist wins $668,000 for hot coffee spilled in lap

First, enough with the lawyer bashing. Let's see lawyers take these cases and represent actual injured people (who unlike the corporations or insurance companies depend upon a weekly paycheck in order to just live!) and they do it for no upfront cost and risk a lot of time and money to wit, they could lose the case and never receive any payment for the case. Lawyers spend 7, yes that's right 7, years of their lives to obtain that degree and the average cost of the degree is over $100,000+! Lawyers employ paralegals, secretaries, receptionists, pay phone bills, electric bills, office rent, costs for research, costs for law books, the list goes on and on. In case you haven't noticed the above list isn't very cheap this day. So don't just say that the lawyer walks away with all these riches when he or she wins a case. Do Doctors who likewise deserve less as well? No. Hundreds of thousands of cases are filed each year. Most of them are valid and many don't even deal with a financial matter at all. These cases assist many many people in a multitude of ways. In fact most of you on this board has had to use a lawyer at one point in your life. Lawyers and the law serve a vital need in this society. They help connect and protect everyday citizens with the law. Unfortunately, every once and a while the extreme case comes to light thanks to the conservative media. However, this particular case and the award was not an extreme case.

Secondly, our justice system has many safeguards for the plaintiff and for the defendant as well (SHOCKING AIN'T IT). Yes that's right, defendants are allowed to present evidence in their favor, have the right to cross examine the witnesses, have a judge presiding over the trial, and have a jury made up of citizens who decide the case. In addition, there are appeal when the losing side feels the decision was incorrect, In fact, defendants (YES DEFENDANTS---INCLUDING THOSE ALL ANGELIC CORPORATIONS AND BUSINESSES) abuse this process against the truly injured and suffering plaintiffs to stall the payment despite the fact that they know they were completely in the wrong. Therefore, the DEFENDANTS (YES THOSE ALL INNOCENT AND GLORIOUS CORPORATIONS) can abuse the system just as much as those filing a frivolous and/or unsupported law suit. To those who are appalled by these decisions, its very sad. Because it says to me that you DON"T HAVE FAITH IN OUR JUSTICE SYSTEM (the best in the world, by the way!)! It says you don't trust other citizens whom make up a jury, another citizen who presides over the trial, the judge, and the entire process that tries to make it fair for all sides.

Third, a decision like this very one orders society to be safer by warning all restraunts to be more careful in the way they carry coffee. It's no different than a company making an electronic item that catches houses on fire. Sure it was an accident (hopefully) and the company didn't mean to do it. But the company was at fault and the company should take the responsibility. It doesn't matter whether its a large corporation, a small family owned business, or an individual. If you are responsible for a negligent act, then you should bare the responsibility for the consequences of your actions. Its one of the reasons why we all have insurance and all try to do things as safe as possible. Safety IS a good thing. If it had been you or YOUR CHILD, and the suffering that you or YOUR CHILD had suffered you would right now be thinking that the award was ridiculously low. In the particular case, unlike the McDonalds case, the man was injured through no means of his own. He has suffered serious enough injuries that he hasn't been able to work and has received many treatments to help with his injuries and apparently will still have to undergo treatments in the future. The loss of consortium is a big factor, as I feel that intimacy IS a big part of a relationship and does indeed have an importance in one's life. The pain that this guy must have had and continues to have comples such an award. To the one who thinks that this man's injuries could have been easily cured by the ALL NEW MIRICALE SKIN IN A CAN TREATMENT, you don't know much about medicine and/or burns. It's one of the most painful injuries anyone can everreceive and one of the most complicated ones to treat. This man will never have the same original skin that he had before and will literallly be scarred FOR LIFE!

Fourth, what drives up insurance costs much more than law suits, are the insurance companies who still demand that their CEOs receive tens of millions of dollars despite the fact that we are in a serious economic down turn, and despite the fact that they lost billions of dollars in bad investments and can simply turn around and raise everyones insurance rates to make up for their stupidity. If you look at insurance companies, I don't know one that still isn't raking in the dough, despite this economic downturn. They pay some of the best dividends of all corporate sectors. That should tell the person with common sense something. Additionally, costs go up because all companies still pay their CEOs and executives millions of dollars even while the companies continue to lose millions of dollars.

Finally, someone has to pay for their actions and face responsibility. If we said that everyone pays for their injuries no matter who was actually at fault, what kind of a society do you think we would have. There would be absolutely no order to society and chaos would ensue as nobody would care what they did. This suit demands that personal responsibilty exist in our society. Why should this man pay for his suffering and his losses when someone else could have forseen the injury and prevented it (without much difficulty and absolutely no expense---I mean carry the coffee pot right)? Again it doesn't matter whether it was Disney, or a Mom and Pop operation---the same result should occur. Its one of the reasons that we all carry insurance in some form for some reason. We try and hope to prevent accidents, but sometimes we can't. If it was a forseeable accident and we could have prevented we should take responsibilty for it. This responsibility includes carrying insurance to pay for an accident that we couldn't afford to pay for ourself directly. And in turn, insurance places requirements upon us to prevent or minimize the potential of any additional future similar accidents.

Don't simply bash lawyers, especially when we have all used or will need an attorney at some point in our lives! And don't bash them when a truly injured person is compensated for an injury that he received through the hands of another individual (ie no fault of his own). To those who feel that this guy shouldn't have sued and should have just accepted the costs and fact of his injury because he thought law suit the instant his flesh was in virtual flames, I sincerely doubt that this was anywhere on his mind. When he heard "When you wish upon a star," the last thought of this man, who was having a great time full of fun, was most definitely NOT "I wish a cast member would carry a scalding hot pot of coffee improperly and spill it all over my lap so I can suffer years of pain and treatments, loss of intimacy in my marriage, loss of intimate capabilities, loss of work, destruction of a wonderful happy memorable vacation so I can go to trial two years later, wait a couple more years before I see one dime of the jury and judge approved damages award as it goes through appeals, and sue for lots of money!!!!!
:rolleyes: :rolleyes: :rolleyes: :rolleyes:

I guess the greedy lawyers and families of the victims of the Big Thunder Mountain RR accident at Disneyland must have had the same thoughts too. :confused: :confused: :confused: The negative thoughts against this man, his family, his lawyer, and the justice system are very sad on so many different levels.:cry: :cry: :cry:
 

barnum42

New Member
"Lawyers employ paralegals, secretaries, receptionists, pay phone bills, electric bills, office rent, costs for research, costs for law books, the list goes on and on. In case you haven't noticed the above list isn't very cheap this day."
So does my local grocer, but I don't have to sell my first born into slavery just to have a phone call with them.

"Lawyers and the law serve a vital need in this society. "
Shame they have been perverted by greed.

"it says to me that you DON"T HAVE FAITH IN OUR JUSTICE SYSTEM"
Correct. Not in yours or the one in the UK.

"(the best in the world, by the way!)"
The UK blood suckers have jumped on the ambulance chasing band wagon, so they are catching up. All too rapidly.


"Finally, someone has to pay for their actions and face responsibility. "
True, but in order for this to happen scores of lawyers don't need to be paid millions.

"Its one of the reasons that we all carry insurance in some form for some reason."
Once a good idea, again perverted by greed.

"The negative thoughts against this man, his family, his lawyer, and the justice system are very sad on so many different levels. "
No argument there.
 
Originally posted by barnum42

"Finally, someone has to pay for their actions and face responsibility. "
True, but in order for this to happen scores of lawyers don't need to be paid millions.

What scores of lawyers get paid millions of dollars? The overwhelming majority of lawyers in this country make well under $100,000 per year. Many make well under $50,000 per year! Meanwhile, the cost, time, expense, and responsibility of being a lawyer are very high, and lawyers deserve to be paid a decent wage. In addition, most lawyers put in 60+ hour work weeks. It's very confusing to see why people who have such a serious responsibility shouldn't be paid a decent wage? Obviously, even in this case, the lawyers made nothing close to a million dollars and put two years worth of work into the case. I guess only CEOs deserve to make millions of dollars? Oh yeah, and corporations haven't been perverted by greed? You point out an absurd extreme case(which this one isn't), and try to say that this represents the entire legal system. You are completely wrong! However, you can point to any corporation and see how they have been perverted by greed. Place your complaints at the feet of the right industry.
 

barnum42

New Member
I have no love of corporate greed and overpaid CEO's either.

Disneyfan, I assume you are a decent person who happens to be a lawyer. I am sorry you feel slighted by the generalisations. But my experience of reading about absurd legal cases and dealing with lawyers in business, retail and house buying has left me with nothing complimentary about any of them.

How about we start slagging off corporate lawyers?
 

spr0m

New Member
How much of a % did the lawyer get in this case ? The guy did deserve what he got in this case but there are plenty of cases where a carefully plucked jury will get the dumbest people a big win along with their lawyer. You never see cases like the woman spilling coffee on her lap in Europe because if you loose your ridiculous lawsuit you pay for the defense as well. Disney should just get rid of the coffee anyway the stuff they offer (NESCAFE) is horrible instant coffee is better than that cr@p. Maybe I can sue for drinking that stuff it injured my tastebuds and thedisneyfan can represent me
 

prberk

Well-Known Member
A couple of things:

First, the "pilot" idea and loss of work: The article never said (and correct me if I missed it) that it was his JOB. It just said that he was also a pilot, likely meaning a licensed pilot for small aircraft for occasional flying.

Second, to thedisneyfan: You stated that regular people "unlike companies..." had to work each week for their paycheck. Well, companies do that too. It is called the money that they get from the costomers. And, believe me, they work each week for it. Most service industries have a profit margin below 10 %, and usually lower than 5%. The grocery industry alone has an average 1% profit margin. Disney is not the grocery industry, but it is a very volatile service industry. The adjustment that will be made to meet payroll is less hours.

Lawsuits and the threat of reasonable ones often do benefit society, by keeping people in check. But these EXCESSIVE DAMAGES ones only do two things:

1. Increase business costs (which in turn means less hours for workers or higher prices for consumers),

2. Cause companies to curtail fun for threat of suit (which is why there is no more horseback riding in my area: the insurance against lawsuits went too high for the state parks to justify the trouble).

Both results are sad.

And, no: the mom-and-pop store would not be sued for the same amount (or at least the same amount would not have been won). But they might have been put out of business.
 
First, this case is not an excessive damages case. The amount awarded wasn't that large for the serious nature, costs, and permanant injury received.

Second, in regards to my comments about individuals, let me clarify that what I meant was that as an individual if your ability to work is stopped, then you suffer even more catastrophic damages than a business does by paying insurance and losing one customer. Despite the injury, the business still continues. An injury to a person could mean a loss of income, mounting bills, loss of a home, etc. The consequences are much more damning to the individual under such a loss.

Third, you have to have faith in the jury and the judge who presided over the case. We don't know the complete details of exactly how much pain, treatment, and loss of physical capabilities were incurred. Therefore, we really don't know how specific the costs were to this man. But we all have a pretty good idea that it had to be pretty extreme.

Fourth, if this had been you or your child or other family member, then I bet you would be singing a much different tune about the damages. Let's not forget that it has been two years for this man to get to this point, and probably will be several more as Disney tries to draw out the process with appeal after appeal. (something that also adds to costs of business by the way, rather than trying to make a reasonable settlment offer and prevent the continued delay to the injured man which they had to have a pretty good idea as to whose fault it was).

Finally, some truly grossly irresponsible businesses do deserve to go out of business. For all others they try to keep insurance to guard against the other negligent acts. Don't forget what I said about another huge factor that drives up insurance rates---corporate malfeasance in investing the premiums received and overpaid executives. Last time I looked, I haven't seen one insurance company suffer one iota during this serious economic downturn. In fact, they are still churning out the highest profits and dividends. Things that make you go hmmmmm........
 

The Mom

Moderator
Premium Member
prberk, you're right, the article only mentioned that he was a former police officer, and had both fixed wing and helicopter licenses. It was my mistake to assume that he actually flew for a living.

I wish I could remember the website that showed the transcript of the McDonald's trial. In a nutshell, the woman who sued sustained 3rd degree burns!!! (That means the flesh was chared!!!) The man in WDW only suffered 2nd degree, blistering, which was bad enough. His burns were consistant with hot liquid; her burns meant that the coffee had been super heated to a temperature that was hotter than one would expect. Also, she wasn't the FIRST person to receive such severe burns...hers were just more extensive and life threatening than the others. And yes, burns to the groin area are more dangerous than others because of the increased contamination risk due to "bodily functions."

McDonald's KNEW that their coffee was too hot, but didn't do anything about it until the woman sued. And as I mentioned, she only sued AFTER McDonald's brushed her off.

I wonder if there had been other instances of coffee pots falling on guests prior to this case? That could also influence a jury.

I've been on both sides of lawsuit issues. My husband was sued, and we sued someone ourselves. I hated lawyers when we were the defendents, loved them when we were the plaintiffs and won our case. ;)
 

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