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Another "spilled hot drink" lawsuit


Just Jack

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(warning - picture of the burn at the link below)

 

http://www.cbc.ca/news/canada/manitoba/story/2013/09/10/mb-hot-tea-coffee-burns-winnipeg-iteam.html

 

A Winnipeg woman who was scalded by a cup of Tim Hortons tea is demanding new rules for how hot beverages should be served at restaurants. Lisa Marchant suffered second- and third-degree burns on her left side after an extra-large cup of green tea spilled on her lap following a minor car accident in February.
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Normally, I can't stand these kind of lawsuits.

 

However, I've often wondered why they have to make coffee, tea, so hot. Was a marketing survey ever done? Was there ever a lot of complaints from the "I like having to wait 10 minutes to drink it" people?

 

I don't get it, and I never have. It's like there is some standard that was set up years ago, that none of us ever got to vote on, that says coffee, etc. has to be near fission reactor temperature. How did we get here? Do we have to stay?

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However, I've often wondered why they have to make coffee, tea, so hot. Was a marketing survey ever done? Was there ever a lot of complaints from the "I like having to wait 10 minutes to drink it" people?

 

According to the article Tim Hortons is following the guidelines from the Tea Association...

 

 

Tim Hortons tea is served at a temperature that follows the Canadian Tea Association's best practices to achieve "optimal flavour," the spokesperson said.

According to the association's website, tea should be prepared at temperatures ranging between 85 C for white tea and 100 C for black and herbal teas.

The association also calls for those teas to steep for between one and six minutes, depending on the type of tea.

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If I was the judge on one of these cases...

I would rule in favor of the restaurant

 

I would order the plaintiff's counsel pay all court costs. Yes, the lawyer/law firm. If the lawyers had any accountability, maybe there would be less frivolous lawsuits.

 

I would order the plaintiff be assessed an additional 10% annual local/state income tax. They have proven that they are not responsible and prone to injure themselves and possibly others. They present a higher probability of requiring police/fire/EMT services and should therefore pay their fair share.

Edited by /dev/null
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According to the article Tim Hortons is following the guidelines from the Tea Association...

Hmm. I missed that, probably because I was looking at that gross picture. :sick:

 

Anyhow, we all have to suffer because of these people? It's impossible to brew the Tea at one temp, and then store it at another?

 

I don't drink much coffee, but, since when has it been more about flavor, and less about caffeine?

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Well, first off, from the story, the lady says she's NOT suing, although of course that can change.

 

Secondly, yes, I think 190 degrees (F) is too effin hot to actually DRINK a beverage. The tea preparation table that shows 100 Celsius is insane, although I'm certain that the "steeping" temp is not meant to be the drinking temp (you have to let it cool down...Duh).

 

Thirdly, I am a libertarian at heart, and want as little interference from gov't as possible, so my preference would be that they stay out of it (yes, I know this is Canada we're talking about), and just let restaurants make their own decisions, and deal with the consequences if someone gets burned.

 

Finally, since this happened in a car crash, it is a totally different situation. It's like me with the 5-gal jug of gas I carry in the back of my pick-up....If I get in a wreck, and the can explodes, and I get burned, should I go running to Shell because that is where I got the gas from!? LOL

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Normally, I can't stand these kind of lawsuits.

 

However, I've often wondered why they have to make coffee, tea, so hot. Was a marketing survey ever done? Was there ever a lot of complaints from the "I like having to wait 10 minutes to drink it" people?

 

I don't get it, and I never have. It's like there is some standard that was set up years ago, that none of us ever got to vote on, that says coffee, etc. has to be near fission reactor temperature. How did we get here? Do we have to stay?

 

Because some people prefer their coffee, tea, soup etc very hot so it is served very hot. That way the people who like it very hot are satisfied and the people who do not can wait for it to cool.

 

The only solution to this bull **** is to no longer served food anything other than cold. Jesus Christ just !@#$ing bubble wrap yourself and stay home.

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Because some people prefer their coffee, tea, soup etc very hot so it is served very hot. That way the people who like it very hot are satisfied and the people who do not can wait for it to cool.

 

There's a certain temp (they show you those temps in the linked story) where ANYONE who "drinks" a "very hot" beverage will likely suffer burns on their tongue or in their mouth or in their throat. So the people who "prefer" it "very hot" is BS....or maybe you're saying these people like getting their tongue and/or mouth burned? LOL Put another way, I don't think anyone "prefers" to burn their tongue/mouth, but maybe they prefer to have it so hot so they can let it cool down, and then drink it a short time later.

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There's a certain temp (they show you those temps in the linked story) where ANYONE who "drinks" a "very hot" beverage will likely suffer burns on their tongue or in their mouth or in their throat. So the people who "prefer" it "very hot" is BS....or maybe you're saying these people like getting their tongue and/or mouth burned? LOL Put another way, I don't think anyone "prefers" to burn their tongue/mouth, but maybe they prefer to have it so hot so they can let it cool down, and then drink it a short time later.

What's the appropriate temperature for having it sit in your lap in the car and then spill all over you because you're too stupid to use a cupholder?

 

I read about a lawsuit this morning. A couple of parents are suing a zoo because they accidentally dropped their child into a wild dog enclosure. Apparently their decision to hold their kid up over the safety railing, drop him, then watch him get chewed on by wild animals was the zoo's fault.

 

This lady ought to see the car manufacturer. It's their fault she didn't use the cupholder.

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[/size]

 

There's a certain temp (they show you those temps in the linked story) where ANYONE who "drinks" a "very hot" beverage will likely suffer burns on their tongue or in their mouth or in their throat. So the people who "prefer" it "very hot" is BS....or maybe you're saying these people like getting their tongue and/or mouth burned? LOL Put another way, I don't think anyone "prefers" to burn their tongue/mouth, but maybe they prefer to have it so hot so they can let it cool down, and then drink it a short time later.

 

So because she just happened to be driving with a hot beverage and happened to get in an accident is a reason for more regulations. Riiiiiiiiiiiight. :rolleyes:

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So because she just happened to be driving with a hot beverage and happened to get in an accident is a reason for more regulations. Riiiiiiiiiiiight. :rolleyes:

 

LOL...Nope, and I never said that. Scroll up and read my earlier posts. Gov't should stay out of it.

 

What's the appropriate temperature for having it sit in your lap in the car and then spill all over you because you're too stupid to use a cupholder?

 

I read about a lawsuit this morning. A couple of parents are suing a zoo because they accidentally dropped their child into a wild dog enclosure. Apparently their decision to hold their kid up over the safety railing, drop him, then watch him get chewed on by wild animals was the zoo's fault.

 

This lady ought to see the car manufacturer. It's their fault she didn't use the cupholder.

 

Actually, from the story, the drink WAS in a cupholder. Guess the lid flew off during a crash, and that's when the liquid spilled on her. An unusual situation for sure.

 

Totally agree with you that the zoo lawsuit is ridiculous, and should be laughed out of court.

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Mongeluzzi has argued in the lawsuit that zoo officials were told by at least two employees that parents routinely lifted children onto the railing and, therefore, should have taken even more precautions.

"Maddox Derkosh was fatally attacked and killed at the zoo, when the zoo, after being warned by their own employees of the very accident that would occur, summarily dismissed their warnings," Mongeluzzi said Thursday.

 

Omg! If these employees really did tell officials and they did nothing then I think the zoo might be liable

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It was in a cup holder. Problem was the ex-husband got into an accident and the top came off, spilling the tea onto her.

 

It's still the car manufacturer's fault for not making a cupholder that would prevent lids on Tim Horton tea cups from coming off in a motor vehicle accident, spilling the contents on an occupant of said vehicle.

 

They had a duty to protect her, and should have foreseen this happening.

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