Results 1 to 9 of 9

Thread: Family sues Starbucks for child getting burned.

  1. #1
    Hi! pacercoltfan's Avatar
    Join Date
    Aug 2005
    Location
    EARTH.
    Posts
    2,258

    Default Family sues Starbucks for child getting burned.

    http://www.indystar.com/apps/pbcs.dl...L0102/61115034

    Do people not realize that IT'S HOT CHOCOLATE!
    [SIGPIC][/SIGPIC]

    2007 Super Bowl XLI Champions!

  2. #2
    Cheeseburger in Paradise Los Angeles's Avatar
    Join Date
    Nov 2004
    Location
    Venice, CA
    Posts
    9,690

    Default Re: Family sues Starbucks for child getting burned.

    Don't you realize that Starbucks brings its drinks up to a certain temp using a thermometer controlled steamer?

    Why do you suppose that is?
    “Success is not final, failure is not fatal: it is the courage to continue that counts.” - Winston Churchill

    “If you can't be a good example, then you'll just have to serve as a horrible warning.” - Catherine Aird

  3. #3
    .
    Join Date
    Jun 2004
    Posts
    52,583

    Default Re: Family sues Starbucks for child getting burned.

    Suing food services like McDonald's or Starbucks for spilling a hot drink would be like suing a gun provider for a hunting accident. It's ridiculous.

  4. #4
    2014 IKL Champion DrBadd01's Avatar
    Join Date
    Apr 2004
    Location
    United States.
    Posts
    1,957

    Sports Logo Sports Logo Sports Logo Sports Logo Sports Logo

    Default Re: Family sues Starbucks for child getting burned.

    Quote Originally Posted by Hicks View Post
    This quote is hidden because you are ignoring this member. Show Quote
    Suing food services like McDonald's or Starbucks for spilling a hot drink would be like suing a gun provider for a hunting accident. It's ridiculous.
    I agree. Its like the guy who sued those fast food chains for making him fat. What did he expect to happen?

  5. #5
    Cheeseburger in Paradise Los Angeles's Avatar
    Join Date
    Nov 2004
    Location
    Venice, CA
    Posts
    9,690

    Default Re: Family sues Starbucks for child getting burned.

    Bad analogy, Hicks. I do agree that you shouldn't sue someone when thier products perform exactly as they are supposed to. But if the bullets are defective and make the gun explode in your face permanently blinding you, then you have the right to sue the providing company for negligence.

    According to the article, the Starbucks company policy is that drinks ordered for children be served at a lower temperature than other drinks. If the drink was at a temperature that would cause 2nd degree burns, then the product was not prepared to specifications, was not safe for consumption and was negligently served to the child.

    IF those things are true, then the family has every right to sue.
    “Success is not final, failure is not fatal: it is the courage to continue that counts.” - Winston Churchill

    “If you can't be a good example, then you'll just have to serve as a horrible warning.” - Catherine Aird

  6. #6
    Member Frank Slade's Avatar
    Join Date
    Jul 2005
    Location
    State of Chaos
    Age
    35
    Posts
    6,019

    Default Re: Family sues Starbucks for child getting burned.

    Quote Originally Posted by Los Angeles View Post
    This quote is hidden because you are ignoring this member. Show Quote
    Bad analogy, Hicks. I do agree that you shouldn't sue someone when thier products perform exactly as they are supposed to. But if the bullets are defective and make the gun explode in your face permanently blinding you, then you have the right to sue the providing company for negligence.

    According to the article, the Starbucks company policy is that drinks ordered for children be served at a lower temperature than other drinks. If the drink was at a temperature that would cause 2nd degree burns, then the product was not prepared to specifications, was not safe for consumption and was negligently served to the child.

    IF those things are true, then the family has every right to sue.
    Exactly that is the whole crux of the case from what I understand. This is not case of an adult spillig an adult drink on themselves.

    If that was Starbucks policy, then the point of ordering a child's version was to avoid even the potential of an injury to this degree.

    I think this may be one of the rare instances were a lawsuit of this kind has some legitimacy.

    Why Not Us ?


  7. #7
    .
    Join Date
    Jun 2004
    Posts
    52,583

    Default Re: Family sues Starbucks for child getting burned.

    Quote Originally Posted by Los Angeles View Post
    This quote is hidden because you are ignoring this member. Show Quote
    Bad analogy, Hicks. I do agree that you shouldn't sue someone when thier products perform exactly as they are supposed to. But if the bullets are defective and make the gun explode in your face permanently blinding you, then you have the right to sue the providing company for negligence.
    There's always an exception, but that wasn't what I meant. I mean you buy a gun, you shoot your buddy confusing him for a turkey or something silly like that, and you sue the gun provider.

  8. #8
    Administrator Unclebuck's Avatar
    Join Date
    Jan 2004
    Posts
    32,762

    Default Re: Family sues Starbucks for child getting burned.

    Quote Originally Posted by Los Angeles View Post
    This quote is hidden because you are ignoring this member. Show Quote
    According to the article, the Starbucks company policy is that drinks ordered for children be served at a lower temperature than other drinks. If the drink was at a temperature that would cause 2nd degree burns, then the product was not prepared to specifications, was not safe for consumption and was negligently served to the child.

    IF those things are true, then the family has every right to sue.
    This type of case is what I do for a profession (I defend the evil, big bad corporation) I work for an insurance co. Yes an evil ins co. They are going to have to prove the coffee was hotter than what their policy says (word to the small business - never have a written policy) and they have to prove they have a policy to begin with. I'm boring myself here, but there are a ton of questions that would have to be investigated in order to know where this case is going

  9. #9
    Cheeseburger in Paradise Los Angeles's Avatar
    Join Date
    Nov 2004
    Location
    Venice, CA
    Posts
    9,690

    Default Re: Family sues Starbucks for child getting burned.

    Quote Originally Posted by Unclebuck View Post
    This quote is hidden because you are ignoring this member. Show Quote
    This type of case is what I do for a profession (I defend the evil, big bad corporation) I work for an insurance co. Yes an evil ins co. They are going to have to prove the coffee was hotter than what their policy says (word to the small business - never have a written policy) and they have to prove they have a policy to begin with. I'm boring myself here, but there are a ton of questions that would have to be investigated in order to know where this case is going
    I also do this sort of thing for a living, though as a freelancer I sometimes work for big bad evil companies and then other times I work for big bad evil civil attorneys.

    It always comes down to this:

    Attorney: Sir, would you consider the burns on this child's legs *points to horrifying photo* consistent with the sort of burns one would expect from hot chocolate prepared at 130 degrees?

    Medical Expert: No, the liquid would have to be at least 175 degrees to scald a child this badly.

    If a jury sees photos, game over.
    “Success is not final, failure is not fatal: it is the courage to continue that counts.” - Winston Churchill

    “If you can't be a good example, then you'll just have to serve as a horrible warning.” - Catherine Aird

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •