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Old 12-03-2008, 01:45 PM
 
Location: Arlington, VA/Washington, DC
24,180 posts, read 34,122,255 times
Reputation: 33337

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WAVE 3 TV Louisville, KY | Victim's family files suit in Wal-Mart stampede death


Quote:
GARDEN CITY, N.Y. (AP) - The family of a New York man who was trampled to death the day after Thanksgiving by a stampede of bargain hunting Wal-Mart shoppers has filed a wrongful death lawsuit.

The family also filed notice that Nassau County, on Long Island, and its police department will be sued.
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Old 12-03-2008, 03:14 PM
 
1,492 posts, read 7,030,334 times
Reputation: 1428
Doesn't surprise me...but boy - that was fast!
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Old 12-03-2008, 07:53 PM
 
Location: Brooklyn
40,056 posts, read 30,867,246 times
Reputation: 10493
If that woman could sue McDonald's because she spilled hot coffee on herself, then absolutely anything is fair game for a lawsuit. But let's face it: suing the Nassau County PD for wrongful death is bound to get thrown out. What did you want the police to do? Be on hand at every store in the county to make sure that nobody broke down the doors and trampled someone to death? I didn't realize that police departments were now required to be prescient.
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Old 12-04-2008, 09:30 AM
 
Location: San Antonio
10,238 posts, read 18,984,105 times
Reputation: 10178
Quote:
Originally Posted by Fred314X View Post
If that woman could sue McDonald's because she spilled hot coffee on herself, then absolutely anything is fair game for a lawsuit.
The woman was justified, Hell, she needed skingrafts. If MacDonalds wants to take a profit selling scalding hot coffee to people in cars they can take the liability too. Call it "corporate responsibilty".
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Old 12-05-2008, 06:13 AM
 
Location: Florida
20,546 posts, read 20,528,094 times
Reputation: 24415
Quote:
Originally Posted by Irishtom29 View Post
The woman was justified, Hell, she needed skingrafts. If MacDonalds wants to take a profit selling scalding hot coffee to people in cars they can take the liability too. Call it "corporate responsibilty".
I stuck a utility knife about 1/8" into my thumb yesterday.
Damn! Stanley should NOT have made these blades so sharp!
And there was NO warning sticker cautioning me about pulling it toward myself while using it!
Maybe they should be required to have run an intelligence test on me before allowing me to purchase it!
Damn irresponsible corporations!
I'm calling a lawyer tomorrow. Hope Irishtom gets selected for the jury.
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Old 12-05-2008, 06:28 AM
 
Location: Lafayette, Louisiana
14,095 posts, read 23,972,448 times
Reputation: 7993
McDonald's should have known that this woman would put a styrofoam coffee cup between her legs instead of a cup holder so it's all McDonald's fault. I'm happy to have been on a lawsuit jury that decided not to give the guy all the money he was asking for. It was also a lawsuit against Walmart. He was on a construction crew working on walmart. he was leaving for home when a walmart employee on a forklift came out from behind a trailer and into his path. Walmart admitted partial fault but balked at the over $275,000 the guy wanted. The jury had a registered nurse, physical therapy nurse, and 3 guys with heavy equipment experience. The truck skidded over 14 feet before hitting the forklift and moving it several feet (speeding). The guy injured his back when he slamed into the steering wheel (no seatbelts). 5 doctors told him back strain, 6 months light duty. His lawyer's doctor came up with an expensive condition. We gave him 6 months pay and medical bills (minus the 6th doctor) for a total of $27,000.
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Old 12-05-2008, 07:11 AM
 
Location: San Antonio
10,238 posts, read 18,984,105 times
Reputation: 10178
Quote:
Originally Posted by sailordave View Post
McDonald's should have known that this woman would put a styrofoam coffee cup between her legs instead of a cup holder so it's all McDonald's fault.
Common sense would indicate that handing unusually hot coffee (and MacDonalds coffee was unusually hot) through a window to people in cars entails some risks. Like I said, you want the profit you take the liability. I'm sure MacDonalds is way ahead on the drive up deal.
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Old 12-05-2008, 07:15 AM
 
Location: San Antonio
10,238 posts, read 18,984,105 times
Reputation: 10178
Quote:
Originally Posted by old_cold View Post
I stuck a utility knife about 1/8" into my thumb yesterday.
Damn! Stanley should NOT have made these blades so sharp!
And there was NO warning sticker cautioning me about pulling it toward myself while using it!
Maybe they should be required to have run an intelligence test on me before allowing me to purchase it!
Damn irresponsible corporations!
I'm calling a lawyer tomorrow. Hope Irishtom gets selected for the jury.

Your analogy is trite. The purpose of a knife is to cut, it is not the purpose of coffee to scald. And if somebody, for sake of profit, handed you a sharp knife while you were sitting in a car knowing that you would drive away while handling the knife, yeah, I'd say they were liable.
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Old 12-05-2008, 09:20 AM
 
40,554 posts, read 24,893,364 times
Reputation: 12901
Quote:
Originally Posted by Irishtom29 View Post
Common sense would indicate that handing unusually hot coffee (and MacDonalds coffee was unusually hot) through a window to people in cars entails some risks. Like I said, you want the profit you take the liability. I'm sure MacDonalds is way ahead on the drive up deal.
If the coffee had been spilt on the woman in the process of being handed to her, that might be a solid argument. But what the woman chose to do with the coffee after it was passed to her contributed to what happened. Corporations can only bear so much responsibility for damages incurred when people use their product. People who use or handle the products in an irresponsible, thoughtless manner bear responsibility, too.
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Old 12-05-2008, 09:44 AM
 
Location: San Antonio
10,238 posts, read 18,984,105 times
Reputation: 10178
Quote:
Originally Posted by DC at the Ridge View Post
If the coffee had been spilt on the woman in the process of being handed to her, that might be a solid argument. But what the woman chose to do with the coffee after it was passed to her contributed to what happened. Corporations can only bear so much responsibility for damages incurred when people use their product. People who use or handle the products in an irresponsible, thoughtless manner bear responsibility, too.

A reasonable view, shared responsibilty. Which means MacDonalds should've helped with the woman's bills, which was all she originally wanted, some help. It was when MacDonalds refused to offer any compensation at all that the case went to court where a jury decided to punish the company for their bad attitude.
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