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Old 10-25-2014, 08:12 PM
 
29,451 posts, read 22,392,470 times
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Don't know about this one, wouldn't a parent have noticed and be concerned about scalding coffee near an infant?

Family of girl scalded by Denny’s coffee wins $500,000 settlement - City & Region - The Buffalo News

Quote:
The family of the young girl sued the owners of a Denny’s restaurant in Angola in 2012, took the case to trial and recently agreed to a court-approved settlement of at least $500,000.

The girl, who was only 14 months old at the time, suffered first- and second-degree burns over her neck, chest and abdomen.

Her parents, Jose Adames and Sally Irizarry of Puerto Rico, sued the restaurant’s owners after their daughter grabbed a hot cup of coffee and spilled it on herself in 2010. They claim the waitress was negligent in placing the coffee within the infant’s reach.

“Sometime after the family is seated, a cup of coffee is placed on the table, which the infant was able to grab and dump on herself," the family said in court papers.

The case went to trial last month, but midway through, an insurance carrier for G.B. Restaurants, the company that owned the now-closed Denny’s along the Thruway, offered to pay $500,000 to the family.
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Old 10-25-2014, 08:35 PM
MJ7
 
6,221 posts, read 10,693,791 times
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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.
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Old 10-25-2014, 08:47 PM
 
Location: Brentwood, Tennessee
49,932 posts, read 59,655,659 times
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It's always a parent's responsibility to protect their child. But a restaurant also should properly train employees about hot liquids as well. The article is not specific about how soon after being seated the coffee is placed on the table. Also, for the record, a 14-month-old is not an infant but a mobile toddler.

It sounds like she had 1st-degree burns, which are bad but not usually devastating. Inevitably this will remind people of the Stella Liebeck/McDonald's hot coffee lawsuit, which involved 3rd-degree burns, but anyone who doubts that lawsuit was frivolous only needs to view photos of her injuries to understand how severe they were.

Sounds like the settlement was the way to go for the restaurant. That's one reason businesses have insurance.
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Old 10-25-2014, 09:01 PM
 
48,505 posts, read 96,577,071 times
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yep; insurance paid rather than cost to defend. But then in end insurance will just up rates to everyone.
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Old 10-25-2014, 09:07 PM
 
4,236 posts, read 8,096,032 times
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I understand why they settled given runaway jury awards.

I just once would like to see a jury give a full on beat down with an award of $1, but common sense isn’t that common anymore.
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Old 10-25-2014, 09:10 PM
 
35,095 posts, read 51,032,130 times
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Quote:
Originally Posted by Wmsn4Life View Post
It's always a parent's responsibility to protect their child. But a restaurant also should properly train employees about hot liquids as well. The article is not specific about how soon after being seated the coffee is placed on the table. Also, for the record, a 14-month-old is not an infant but a mobile toddler.

It sounds like she had 1st-degree burns, which are bad but not usually devastating. Inevitably this will remind people of the Stella Liebeck/McDonald's hot coffee lawsuit, which involved 3rd-degree burns, but anyone who doubts that lawsuit was frivolous only needs to view photos of her injuries to understand how severe they were.

Sounds like the settlement was the way to go for the restaurant. That's one reason businesses have insurance.
Is she the one that purchased a hot cup of coffee in a paper cup at the drive through then put it between her legs and squeezes her legs together?
That lawsuit was frivolous no matter how severe her injuries were.
She ordered the hot coffee
She was aware that it came in a paper cup
She placed it between her legs
She squeezed her legs together

She knew or should have know when she places a paper cup between her legs it is not stable and will be crushed when her legs are squeezed together.



In the case listed, unless there is some sort of video showing the parents placing the coffee near the child it is hard to say how a jury would have voted however, it is a parents responsibility to ensure that their child is safe and a waitress should not be responsible for someone else's child.

It is very clear that a waitress is at one's table and it is very clear that a waitress is pouring coffee so it is ultimately the responsibility of the parents to ensure that the coffee just poured is not within the reach of their child.
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Old 10-26-2014, 02:13 AM
 
Location: Bel Air, California
23,769 posts, read 28,898,073 times
Reputation: 37326
Quote:
Originally Posted by CSD610 View Post
Is she the one that purchased a hot cup of coffee in a paper cup at the drive through then put it between her legs and squeezes her legs together?
That lawsuit was frivolous no matter how severe her injuries were.
She ordered the hot coffee
She was aware that it came in a paper cup
She placed it between her legs
She squeezed her legs together

She knew or should have know when she places a paper cup between her legs it is not stable and will be crushed when her legs are squeezed together.


^another social media myth where the facts don't support the mass chattle group-think, but hey...why let facts get in the way of a good rant?

The Actual Facts about the Mcdonalds' Coffee Case
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Old 10-26-2014, 02:19 AM
 
24,488 posts, read 41,023,198 times
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I'm surprised that Denny's even considered not mitigating this risk given the media hype around the McDonalds case. Carelessness is going to cost eventually.
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Old 10-26-2014, 05:22 AM
 
3,762 posts, read 5,401,641 times
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It's never the parents fault.
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Old 10-26-2014, 05:26 AM
 
3,762 posts, read 5,401,641 times
Reputation: 4832
Quote:
Originally Posted by Ghengis View Post
^another social media myth where the facts don't support the mass chattle group-think, but hey...why let facts get in the way of a good rant?

The Actual Facts about the Mcdonalds' Coffee Case
I don't know. It says she put the coffee between her knees to add cream and removed the top. Did this car not come with a cup holder?
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