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From: <dmccarty_at_us.ibm.com>
subject: RE: [Paddlewise] Costco selling kayaks/Coffee/Litigation
Date: Thu, 4 Mar 1999 12:35:15 -0500
Sorry Jack but I have to speak up about the McD's comment especially since
I see it referenced frequently in discussions about excessive litigation.

"We are a litigious society as Julio pointed out ---  at least here in
the U.S.  McDonald's cups of coffee will burn us and kayaks will
kill us, so both have disclaimers written on them."

When I first heard of the lady who was suing McD's because she put a hot
cup
of Java between her knees and then tried to drive away but instead popped
the
top off the cup, I was not really amused.  Just another frivolous lawsuit.

What I heard as a result of the case made me think, remember an incident I
had
at McD's one morning and changed my opinion.  The core of her argument was
that
McD's was selling coffee that had a temperature that was near boiling.
That McD's
not only KNEW their restaurants were doing this but that it was company
policy AND
they knew people where complaining about being burned by the high
temperatures
of McD coffee.  Remember this lady got SECOND degree burns from the coffee,
we
are not talking about just a stained dress.  I know my coffee maker does
not produce
coffee at that high of a temperature and my understanding is that high
temperature
brewing produces bad/bitter tasting coffee.

So why was McD's ignoring complaints of the high temperatures of their
coffee?
Because they had a free refill policy.  SOoooo, really hot coffee takes
awhile
for the liquid to cool to drink, means the customer finishes their meal,
still has
coffee, and does not get a refill.  McDs save a few cents per coffee
drinker.....

Personally I think they deserved to get sued.  After I heard this I
realised that
the allegations were true.  At about the time the lady was burnt I got
coffee at McD's
and not only was it to hot to drink, it burnt my lips and tongue, I went
and bought some
juice to drink with my breakfast.  So McDs go MORE money out of me because
of the hot
coffee.  I was only able to drink the coffee well after I had left the
restaurant.
Hot coffee can be very good for business.  But not as one would expect.

But I do agree totally that there is simply to much litigation in the
United States.
I just think the McD case is not a good example to use.

BTW: The lady did win the case and McD's is supposed to have lowered the
temperature
of their coffee.

Later....
Dan




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From: Jack Martin <jcmartin43_at_radix.net>
subject: RE: [Paddlewise] Costco selling kayaks/Coffee/Litigation
Date: Thu, 4 Mar 1999 14:21:19 -0500
From:           	dmccarty_at_us.ibm.com
To:             	paddlewise_at_lists.intelenet.net
Date sent:      	Thu, 4 Mar 1999 12:35:15 -0500
Subject:        	RE: [Paddlewise] Costco selling kayaks/Coffee/Litigation

> 
> Sorry Jack but I have to speak up about the McD's comment especially since
> I see it referenced frequently in discussions about excessive litigation.
> 
Thanks, Dan --- perfectly valid points, I guess.  Maybe it was a bad 
example.

But here's another quote from the fine print on the inside page of 
Canoe and Kayak.  "... Many of the activities depicted in <Canoe 
and Kayak> carry a risk of personal injury or death.  Canoeing, 
whitewater kayaking, sea kayaking and other outdoor activities are 
inherently dangerous.  The owners, management and staff of 
<Canoe and Kayak> recommend that you not participate in these 
activities without first seeking qualified instruction and/or guidance, 
understanding the risks involved, and personally assuming all 
responsibility for those risks."  Good words, good sentiments, but 
even the magazines have to protect themselves!

Jack Martin

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From: Product Information Department <pid_at_mec.ca>
subject: RE: [Paddlewise] Costco selling kayaks/Coffee/Litigation
Date: Thu, 04 Mar 1999 12:07:27 -0800

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