Exemplary Awards

Did the exemplary award serve its intended purpose (what was its purpose)?

After reading about the Stella Lieback v. McDonald’s case, I decided to also watch the HBO documentary “Hot Coffee” that I recalled hearing about to learn more. I do NOT believe that the final exemplary award served its purpose which was to punish McDonalds enough so that it made them reconsider their policies and procedures with regard to how they serve/ sell their coffee. I do believe that the amount of recognition that this case received nationally DID contribute to making Mc Donald’s lower the temperature of the coffee that they serve to a more “reasonable” temperature, and possibly to re-evaluate the warning on their coffee cups as well as the type of cup and lid that they use to serve their coffee in.

What legal issues do you see present in this case that we discussed in class this term?

First, I see Mc Donald’s being negligent in the “higher-than-normal” temperature that the franchises were expected to keep and serve their coffee. They admitted to having over 700 cases or reports of burns from their coffee which I believe should have warranted an investigation by McDonalds. Also, it was a breach of duty when McDonalds failed to properly warn customers that they kept their coffee at a higher temperature than most other restaurants or even that most home coffee makers brew. They did not warn what the potential harm could be if coffee at that temperature were to come in to contact with the customer’s skin. I don’t believe that McDonald’s did proper research on the effects and harm that could be sustained from coffee at temperatures 180-190 degrees prior to deciding that temperature, or even AFTER they had over 700 claims about burns from the coffee. I would say that possibly there was a manufacturing defect with regard to how the coffee was served. It was brewed and served at a very unreasonably unsafe temperature for human consumption. There may have been a design defect in the Styrofoam cups used because they might not be sturdy enough to safely hold coffee that hot. It might have been better to have a sleeve over the cup. The lid may also have been a problem and may have needed to be a different design so it stayed on better to prevent big spills.

How does the outcome