Family of girl scalded by Denny’s coffee wins $500,000 settlement
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I suppose if it compensated the baby for her injuries that might be reasonable.. However, to blame Dennys or the server for something that was a mistake, im sure the server did not on purpose do that. and what about parents PERSONAL RESPONSIBILTY. so i do not think it is totally Dennys fault, though since they did serve coffe and he kid got burned, then perhaps compensation for medical bills , pain and suffering was ok.
My sister, her 8 year old son, and I went shopping at Target about a year ago. My nephew went to the bathroom and came out a minute later crying. He told her the water was very hot coming out of the faucet. My sister ran to the snack bar, put a ton of ice on his burning hands, and spoke to the manager. After he had put ice on his hand for several minutes, we went into the bathroom to see what had happened. The hot water spigot was scalding and (I mean scalding) hot. She ended up taking him to the doctor, and fortunately his hands were not permanently injured. I told her she should at least get Target to pay for the doctor's visit, but she never pursued it. Target never even called her to find out how my nephew was doing.
I'm sorry for your nephew and it sucks that the manager didn't check back, but there's that personal responsibility thing again.
The retail place I work in is required to keep the hot water hot enough to sanitize, because we have a break area, where dishes are stored and washed, health laws and such . I imagine it's the same at most businesses.
Hot water is meant to be hot and I think it's reasonable to expect that people use it with caution, mix it with cold water, stick a finger in to check it, etc. It's a learning process for kids, but if he hadn't yet been taught to be cautious of water coming from a hot water faucet why was he in the bathroom alone without supervision?
I refuse to make judgement in cases like this. I wasn't on the jury , I didn't have access to the facts. I thought the McDondalds scalding case was ridiculous, until I got my ass handed to me by the facts.
I refuse to make judgement in cases like this. I wasn't on the jury , I didn't have access to the facts. I thought the McDondalds scalding case was ridiculous, until I got my ass handed to me by the facts.
You debunked nothing, except maybe in your own mind. By the way, in the McDonald's case, the woman was only seeking reimbursement of medical costs . It was the jury that awarded her further compensation for damages.
According to your article the plaintiff did, indeed, place the coffee cup between her legs while removing the lid to put cream and sugar in the coffee.
Seems to me that common sense would dictate that since 1) car seats are generally not level, and 2) the styrofoam is "squishable", even a slight movement of her legs together- perhaps to steady the cup, might have resulted in the coffee spilling. IMO what she did was an accident waiting to happen. Between my legs on a soft car seat is the LAST place I'd park my coffee, especially if I were trying to get it open.
I see what her attorneys have claimed as to the extent of her injuries as a result of that spillage, if she truly had all those injuries, that's unfortunate, but it's a well known phenomenon that plaintiff's attorneys are wont to exaggerate their clients' injuries to jack up the awarded amounts if they win the case. So it's anyone's guess.
They only won because the insurance company decided to settle. I think it's a bit of a stretch blaming a waitress. If they used that logic, the Denny's could be right in saying that they harmed their child by ordering the hot cup of coffee in the first place.
I can't think of a business out there that wouldn't have settled out of court on a case like this. Followed by some training for the waitstaff. At least in this case, everyone's happy.
Nuisance lawsuit brought on by a litany of ads on TV telling everyone, whenever something bad happens, sue....apparently Lucy and Ricardo were paying attention....sorry it happened but, it's not grossly negligent...maybe the restaurant ought to sue the parents for fumbling the coffee and causing undue stress, blah blah blah....it was an ACCIDENT....the injuries, while sad, are not permanent...seems like this would have settled out for considerably less.
I'm sorry for your nephew and it sucks that the manager didn't check back, but there's that personal responsibility thing again.
The retail place I work in is required to keep the hot water hot enough to sanitize, because we have a break area, where dishes are stored and washed, health laws and such . I imagine it's the same at most businesses.
Hot water is meant to be hot and I think it's reasonable to expect that people use it with caution, mix it with cold water, stick a finger in to check it, etc. It's a learning process for kids, but if he hadn't yet been taught to be cautious of water coming from a hot water faucet why was he in the bathroom alone without supervision?
In most of the public restrooms I've visited over the last few years, whether they're in restaurants, retail stores, or other businesses, only the cold water spigot works when you go to wash your hands, there is no hot water available. Perhaps this scenario is why.
You debunked nothing, except maybe in your own mind. By the way, in the McDonald's case, the woman was only seeking reimbursement of medical costs . It was the jury that awarded her further compensation for damages.
Actually, I debunked everything. That's the most revealing part of it. Everyone who is pro-frivolous lawsuits has so far just said "yeah, well, whatever." Literally every part of my argument remains completely untouched and unaddressed.
As for your statement that she wasn't seeking any damages and the jury just randomly gave them to her, that's not how things work. She wasn't on "The Price Is Right" or "Wheel of Fortune," although that's almost what the legal system has devolved into.
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