McDonalds Sued Again For Selling Overheated Coffee

McDonald’s must be having a bit of deja vu.

Last Wednesday, a woman in Portland sued the fast food company for shilling hot coffee that subsequently burned her thighs.

As an article in The Oregonian (pointed out by Overlawyered) describes, Aurora Hill is claiming that the coffee was too hot and the lid was not affixed properly.

The Oregonian: According to the suit, “as it was being handed to her by an employee of the defendant, the plaintiff took the cup of coffee and the plastic top fell off and spilled very hot coffee on plaintiff’s upper right leg…”

She went into “nervous shock,” endured pain and has scarring. She seeks $7,182 for her pain and suffering, plus another $318 for lost wages and medical expenses.

Sure, that sounds painful, but also incredibly familiar. In 1994 a New Mexico jury awarded a woman $2.86 million in her suit against McDonald’s for a similar the-coffee-was-too-hot-and-burned-my-leg claim. The two sides later settled for an undisclosed amount on appeal.

According to torts lore, the 1994 case is responsible for the “warning, this beverage is hot!” labels on disposable lids.

What’s next? A “warning, this beverage is lukewarm” label and coffee that’s cold in two minutes?

Probably not — if the plaintiff is willing to settle for anything close to what she’s asking for, this one should be wrapped up in very short order.

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