Once again, the fast food giant, McDonald’s, is being sued for serving coffee that is too hot; this time in Fresno, California.
This recent lawsuit has brought back to attention the 1992 trial and the $2.9 million award that rocked the United States and changed the face of personal injury lawsuits. At the time, most people were given the wrong facts surrounding the case and very little attention was paid to the purpose of such a high award. $2.7 million was solely for punitive damages. Punitive damages are awarded as a type of punishment for the defendant and to deter them from committing the same type of negligence in the future. Your personal injury claim may involve punitive damages if the jury finds that the defendant in your case acted recklessly and with malice. Consult with a Missouri personal injury attorney if you have recently been injured as a result of someone else’s malicious actions.
What the Media Never Told Us
Stella Liebeck became a household name back in 1992, and her burns from spilled coffee became the punch-line to hundreds of jokes. Truth is, the American public was misled by the media at the time. To start with, Ms. Liebeck was not carelessly driving around Albuquerque with a cup of hot coffee between her knees. She was the passenger, in a parked car, when the coffee spilled on her as she removed the lid. Some of the burns were so severe that skin grafting was required to repair them. Ms. Liebeck made three attempts to contact McDonald’s, asking for reimbursement for her $10,000 hospital bill. They offered her $800.
Teaching a Lesson
The damming evidence, and the reason for the $2.7 million in punitive damages, was McDonald’s failure to address the problem prior to Ms. Liebeck’s accident. Lawyers for the plaintiff presented evidence that over the course of 10 years, over 700 complaints regarding the temperature of its coffee had been received by the corporation. That it continued to sell coffee at 180 to 190 degrees despite reports of injury and that there was no plan in place to change that. So the jury decided to teach the corporation, with $2.7 million dollars. An amount which, by the way, the judge promptly reduced. The true amount of compensation that Ms. Liebeck received has never actually been revealed thanks to a confidentially agreement that she adhered to.
Punitive Damages in Missouri
A May 2013 decision by its Supreme Court shows that Missouri supports punitive damages as well. They reinstated a $28 million dollar punitive damage award from a civil suit against an airplane parts manufacturer citing that they hoped the large verdict will encourage them to quit offering the defective part on the market.
An injured plaintiff will often seek punitive damages from a company that knowingly sold or made an unsafe product. It is a way of punishing a business for ignoring safety issues as a way to cut corners. Individuals may also face punitive damages if their actions leading to your injury were grossly negligent or reckless. The McDonald’s lawsuit in Fresno is still in the early stages, but if the plaintiff is able to show that once again the fast food chain ignored the safety of its patrons, then they may face another big judgment against them.
You too have a right to ask for punitive damages if you were hurt as a result of a company or person completely ignoring well known safety standards. Present the facts of your case to a Missouri personal injury attorney and let him decide if your claim has merit.
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