Facts of "Hot Coffee" Case Show True Role of Personal Injury Litigation

December 19, 2011 (Press-News.org) Facts of "Hot Coffee" Case Show True Role of Personal Injury Litigation

Urban myths often do not correspond to the truth. In fact, they can be downright false -- perpetuating half-truths and outright lies. Such is the case with the infamous McDonald's "hot coffee" case, involving a woman who sought compensation for injuries caused by excessively hot coffee served in a flimsy cup at McDonald's.

After the woman obtained substantial compensation in her personal injury case, critics of America's legal system tried to portray it as an example of an out-of-control tort award by yet another runaway judge or jury.

That view of the case is a completely false myth, as shown in documentary film called simply "Hot Coffee." It was directed by Susan Saladoff, a practicing attorney from Oregon who took a leave from her legal practice to make the movie and set the record straight about the case. More broadly, the film also examines the role of the civil justice system in providing a forum for injured people to seek compensation from people and corporations responsible for those injuries

The documentary begins with a scene from Seinfeld. Kramer attempts to sneak coffee into a movie theatre by placing it in his pants. When he is bumped going into the theatre the coffee spills in his lap. Kramer contacts an attorney and is ready to sue for millions because the coffee was too hot.

In that sitcom setting, suing about a coffee spill can be played for laughs. After all, everyone knows coffee that's just been brewed is hot.

But "Hot Coffee" explains the actual facts of the McDonald's coffee lawsuit to show how the impact on an elderly victim whose life was never the same after the spill. The film explores how the media tends to manipulate facts and spread urban myths -- like the myth of an out-of-control justice system. Three other stories are used to highlight the effects of an eroding away of the legal rights of injured people under the cover of the misleading tagline "tort reform."

Punitive Damages

One reason that the McDonald's case garnered headlines was the punitive damage award of $2.7 million. Punitive damages are designed to punish a defendant who acts recklessly. They are also meant to deter others from acting in the same manner. This personal injury case has been widely discussed as a caricature of what can go wrong with the legal system, but the documentary shows that the facts as portrayed in the media were far from what actually occurred.

The film recreates the scene: Stella Liebeck was riding in the passenger seat and her nephew was driving the car. They ordered at the McDonald's drive thru, but then stopped in the parking lot. When Mrs. Liebeck took the lid off the coffee to put in cream and sugar the cup spilled into her lap. The burns that she sustained were so severe she needed skin grafts. Mrs. Liebeck was not the first to be injured by McDonald's extremely (car radiator temperature) hot coffee.

The punitive damage award was later reduced on appeal. The media made the case into a joke, framing it as a frivolous lawsuit. However, the purpose of the punitive damages award was to try to change the behavior of a large company. Ultimately, McDonald's lowered the temperature of its coffee and began using sturdy cups as a result.

Arbitrary Damage Caps

The documentary also addresses so called "tort reform." Many state legislatures across the country have passed a variety of tort reform packages. What these packages included were damage caps. A damage cap may apply to punitive, non-economic (pain and suffering) or all damages.

Consider, for example, the struggle for justice of one Nebraska family highlighted in the film. The family has twins; one is normal and one suffered a birth injury as a result of doctor negligence. A jury determined the injured son would need care over his entire lifetime and awarded an amount it believed would cover those costs. But Nebraska applied a total damage cap to reduce the award substantially, without informing the jury. The family now worries about who will pay for the care of their son when they are gone. Because of the arbitrary damage cap, it will likely be the taxpayers.

"Hot Coffee" is a poignant look at the changes to the judicial landscape that have occurred over the past two decades. It also shows through four examples the true effects of tort reform, as well as an assessment of the consequences of the injection of big money into judicial elections. The documentary is a must-see for those interested in social justice.

As citizens, we must consider the consequences for all of us, and for our society, of our choices. With the legal rights of injured people under attack on so many fronts, it is more important than ever to retain a skilled advocate if you or a loved one is injured because of the negligence of another. A caring and experienced personal injury attorney will help you through a time of adversity and fight for the justice you deserve.

Article provided by Kirsch Gartenberg & Howard
Visit us at www.kghlaw.com