McDonalds scalding

[Compostella]

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?

[squarebear]

I wouldn't have thought so. If you dropped the cup, it's your fault.

[bednobs]

is this a wind up? you spilled a cup of tea on yourself and want to sue macdonalds?

[B00]

Errrm no. You've already said it was you who dropped it. Of course the server let it go, you had hold of it! Can't blame the company because you didn't grip it properly.

I'm honestly baffled by this sudden "lets try to sue someone" nation we've suddenly become. And would you be happy, if you sued, when the poor sod who served you got fired?

You were a klutz you dropped it, I can't see you having much of a chance.

[what..the?]

Surely you'll be lucky to get a free Mc flurry to cool your tackle, if you dropped it, it has a warning on the cup, and if it has already been through the courts before any loop hole will have been closed by now.

[squarebear]

I'm guessing as he mentioned $2.86M he is probably American.

[albaqwerty]

if memory serves me correctly, it was the $2.86m claim that resulted in the "Warning, Contents HOT" labelling

[squarebear]

This is also the sort of numbnuts behaviour that results in things like:

"Warning: may contain nuts" on packets of peanuts
"Do not stop with hands" on chainsaws in Sweden and
"Do not use to dry pets" on microwave ovens.

People feel the need to be wrapped up in cotton wool and it's about time they took responsibilty for their own actions.

[Compostella]

I realise that but there have been other cases whereby cases were awarded based on the actual temperature of the liquid served, rather than who dropped it.

McDonalds serve hot drinks at around 180 degrees Farenheight and other outlets typically serve at around 130 degrees.

With respect, I'm looking for a more qualified answer rather than someone's opinion

[albaqwerty]

completely agree with you squarebear

[B00]

Totally agree Square, it never fails to amaze me how people do the most stupid things and then try to blame someone else for it.

[B00]

Ahhh, so what you REALLY after Compostella is someone who replies along the lines of

"Oh God, you poor lamb, yes...sue 'em for millions, you'll walk it, go for it!"

You should have said beforehand and we'd have done our best to write something like that for you.

[Rollo]

If you want an authorative opinion then I suggest you consult a solicitor, who may need refer the question to a leading barrister.

Of course, you will have to pay them for their advice.

[Compostella]

See link:

http://www.lectlaw.com/files/cur78.htm

I agree with most of you but its worth exploring and you would probably do the same.

[ummmmmdedum]

albaqwerty....Yes, a woman seriously burnt her mouth on a coffee. The cup didn't feel hot so she didn't know it was almost boiling.

The result being the warning on cups.

Compostella ....Like others said. It was your fault. What next? suing goalies for not keeping hold of the ball.....

[ELVIS68]

I did the same only the coffee wasn`t that hot, can I sue them for that?

[Compostella]

I thought this site was called answerbank, not judgemebank

I remember why I stopped using it now you're right, I should have gone to a solicitor then I would have got factual answers rather than opinion.

I repeat, I agree with you, but I was only asking?

Apologies everyone for using up your most valued opinions of which I am not worthy

[Daniela36]

You seem determined to make a claim anyway, so why ask opinions on here?You asked:
'Do you think it is worth me looking at a claim?'

People have answered you, yes or no, but you do not like the answers?

Why did you ask?

[B00]

Because Daniela, Compostella was after a load of "yes, go for it" replies as I mentioned above.

The fact that she asked "is it worth me looking into a claim?" suggests to me she was asking for our opinions, but because we all said no, she's not happy.

Of course Compestella, the choice is yours whether you pursue this or not, but (I assumed anyway) that you asked us for our opinions, which we gave you.

I do however hope your burns heal :-)

[Daniela36]

I feel sorry for you too costella that you have been injured. Burns are not very nice and I hope you feel better soon.

By all means pursue the claim, but go through the proper channels.

In my opinion though, I doubt you would get millions.