You may recall that defenders of the infamous Stella Liebeck McDonald’s coffee case verdict argue that the suit was justified because her beverage was unusually hot, that no one else serves beverages capable of second- and third-degree burns, and that the suit was justified by the change in the restaurant industry to lower temperature of beverages.
None of these urban legends, repeated uncritically by Professor Jonathan Turley and the LA Times (and, sadly, snopes.com, which should know better), are true, and we have another datapoint: Paige Simmons, of St. Jacob, Illinois, is suing Java Junction and the Sweetheart Cup Co. over an allegedly defective cup that spilled hot chocolate on her when she was 6, causing second- and third-degree burns. In a refreshing blow for common sense, the Simmonses’ attorney, Ron Motil, emphasizes that he’s not suing over the obviously-hot temperature of the “chocolate steamer”, but over the cup. (Brian Brueggemann, “Family sues over girl’s burns from hot chocolate”, Belleville News-Democrat, Sep. 8).
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