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McDonalds scalding

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Compostella | 11:49 Fri 08th May 2009 | Law
37 Answers
Yesterday, I suffered 2nd degree burns to the tops of my leg and genitalia after spilling a hot cup of tea into my lap.

I bought it at the drive through and it happened as the server passed it through my car window.

The cup was dropped my me I think just after the server let go.

Whilst at the hospital burns unit, they told me that they googled it and that someone else who did this was awarded $2.86M.

Do you think it is worth me looking at a claim?

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If somebody sued McDonalds, McDonalds contested the case, and the plaintiff lost, it would cost the loser thousands of pounds if they were ordered to pay all the costs.

So, bear that in mind.
Question Author
Firstly, I am male, not female

BOO, Daniela, I was not looking for a load of "yes, go for it" replies, I was after qualified answers from people who had experience rather than stifled opinions that thay are unable to vent except from behind thier computer screens.

I don't, as has been suggested, seem determined to make a claim and thats why I asked the question as nothing suprises me these days.

I cannot strees enough, I wanted a factual answer not somebody's opinion. The website says "ask a question on...." it does not say "ask for someone's opinion on....."
Didn't it have a lid on it? I've never been to McDonald's so I don't know.

".... you would probably do the same...."

Nope, I would think stupid me for doing that, as I did when I fell down some steps when some leaves hadn't been swept away. It was my own stupid fault for not watching where I was going.

What's the next thread? "Hey everyone, I bought a hammer from B&Q and hit myself over the head with it. Nowhere on the hammer said I shouldn't do this. Can I sue B&Q?"
The question was "Do you think it is worth me looking at a claim?"
The answer is "no".
It also says at the top of the law heading:

Important Notice
The information provided by The AnswerBank does not constitute legal advice or replacement for advice you can get from a solicitor. The AnswerBank terms and conditions of use apply.

Pay peanuts, you get monkeys. Pay nothing, you get us. :)
Sorry for getting your name wrong last time.
Even though there is a law section on here, there are not that many people qualified to give you the answer to your question.
Barmaid is quite good in this section, but I havn't seen her posting for a while.
Individual cases like this are best sorted out via a solicitor.

Hope you recover from your injuries without too much scarring.
:-)
If you are taking this seriously then take lots of photos of the injuries in differnt light conditions, and before after washing etc, consult your gp and ask for a written statement.

Take I photo of the dirve through booth, your car window. Note down the day, time of visit, description of server, keep receipt safe plus take copies. Maybe do you own research by buying a few of the same coffees and actually measure the temp with a food thermometer, compare to other companies takeaway coffee temps. Take all the evidence and research to a free legal advice expert, on a no win no fee basis.
But without photographic evidence and by your own admission, this was something you did to yourself, so I wouldn't plan on buying that new Ferrari with it just yet.
I guessed compostella was a man by the use of the term genitalia.

Anyway... to answer your question. if you think you can win by prooving you are a klutz and that McDonalds should have cold hot drinks then yes go for it but personaly I think you shouldn't go around bragging about the fact your thinking of trying to make money out of your own inability to hold onto a cup.

Dohh... sorry I gave an oppinion :0
Question Author
FFS Cassa333

I give up!

Wooooosh, that was the sound of the question shooting right over your head.
FFS compostella

You should have given up when you did the dumb thing. The question then becomes was the dumb thing spilling the drink or contemplating sueing McDonalds.


That was the sound of the answer shooting right over your head... Your just to thick to recognise it. Even more so as you have been given the answer by many but still bleat on about others opinions of stupidity.

By the way I am supprised that anyone at the hospital had time or inclination to google this.
"With respect, I'm looking for a more qualified answer rather than someone's opinion"

Er,yellow pages, solicitors springs to mind.
The first move would be to write to them and report the mishap. McDs have insurances and have experience of claims. See what they offer before you seek legal advice; they may stupidly incriminate themselves by accepting responsibility for serving a drink at a temperature to cause severe burns.
"With respect, I'm looking for a more qualified answer rather than someone's opinion"

Then I suggest you stop being so mean,and get yourself a lawyer,and stop abusing the good folks of AB who are only trying to help you with their opinions.
This is not a Legal website, but I am sure there ARE many such sites that will give you confirmed advice.

A hospital that Googles for propective damages,just what kind of place do you live in?

The word cheapskate comes to mind!
Question Author
Okay, final word on this now, I'll not be looking at this thread again.

I thougt this site did what it said on the tin. Instead it is full of pedantic people who somehow think that their opinion counts as an answer.

I will now persue this elsewhere.

Thanks to the few helpful people but as for the rest of you............ I think you all have one issue or another and you are not able to get your opinion heard in the real world so you come on line to do it.
I am female but methinks that any guys with boiled balls would be doing something other that sitting using his computer on the day after the incident.

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