April 16, 2010

The Real Facts About "The McDonald's Case"

Ok, I do roll my eyes whenever anyone starts talking about "The McDonald's Case". So far, no one has ever come close to describing the real facts. I hope the following article will help to set the case straight.

There is a lot of hype about the McDonalds' scalding coffee case. No
one is in favor of frivolous cases of outlandish results; however, it is
important to understand some points that were not reported in most of
the stories about the case. McDonalds coffee was not only hot, it was
scalding -- capable of almost instantaneous destruction of skin, flesh
and muscle. Here's the whole story.

Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of
her grandson's car when she was severely burned by McDonalds' coffee in
February 1992. Liebeck, 79 at the time, ordered coffee that was served
in a Styrofoam cup at the drive-through window of a local McDonalds.

After receiving the order, the grandson pulled his car forward and
stopped momentarily so that Liebeck could add cream and sugar to her
coffee. (Critics of civil justice, who have pounced on this case, often
charge that Liebeck was driving the car or that the vehicle was in
motion when she spilled the coffee; neither is true.) Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.

The sweatpants Liebeck was wearing absorbed the coffee and held it next
to her skin. A vascular surgeon determined that Liebeck suffered full
thickness burns (or third-degree burns) over 6 percent of her body,
including her inner thighs, perineum, buttocks, and genital and groin
areas. She was hospitalized for eight days, during which time she
underwent skin grafting. Liebeck, who also underwent debridement
treatments, sought to settle her claim for $20,000, but McDonalds
refused.

Continue reading "The Real Facts About "The McDonald's Case"" »

November 11, 2009

Products Liability? Save The Product!

If you are injured by a defective product, please be sure to save the product and not throw it away or otherwise get rid of it. This may sound like common sense, but after a person sustains a serious injury from a defective product, the last thing on their mind is essentially preserving evidence. But without the defective product, it is very difficult, and sometimes impossible to proceed with a products liability claim.

In a recent unfortunate case, a young man was severely and permanently injured by an airbag. He was a passenger in the car of a friend. Because of the severity of his injury, he and his family were focused on his car and multiple surgeries. However in the meantime and before I was contacted, his friend's car was totaled and sent off to the salvage yard. And unfortunately for his products liability claim for the defective airbag, without the car and without the airbag, there was simply no viable claim to pursue.

So with any products liability claim, please ensure that the product is saved and contact an experience products liability attorney immediately to ensure that all necessary steps are taken to preserve the claim.

September 1, 2008

Are Chemical Cold Packs Safe?

Whether you are playing soccer in Seattle or maybe your child is playing T-Ball in Lynnwood, many people and parents have chemical cold packs handy. They are a convenient substitute for ice in the case of an injury. But are they safe? When you buy some of these cold packs, they aren't labled "Chemical" cold packs, but that's exactly what they are. Generally, these cold packs utilize ammonium nitrate crystals and a small bag of water or ampule, all of which is contained in a tough white plastic bag. Once the container for the water is crushed, the water and ammonium nitrate crystals mix resulting in a chemical reaction that creates the cold temperature. Unfortunately, this is a caustic mixture that will cause a chemical burn if exposed to skin because of a faulty outer bag or puncture in the bag.

There are now alternatives to chemical cold packs which do not use a caustic chemical mixture and are safe. There is always the old standby as well, ice. While not as convenient, ice will not cause a chemical burn that you will have the rest of your life. While I have represented clients who have received chemical burns from these cold packs, no one has ever contacted me because they were injured by ice. Always read the ingredients label, and if it lists ammonium nitrate, put it back and find another option.