Adelaide woman sues McDonald's over a hot coffee: Insurance concerns raised
Businesses have been warned to look into buying liability insurance if they make any sort of product which can injure a customer, following the re-emergence of a classic case in South Australia involving a McDonald's coffee cup.
An Adelaide woman is suing McDonald's over a cup of hot coffee which spilled on her upper leg, saying the person handing her the cup didn't fully fasten the lid.
Jessica Wishart has issued a statement of claim in the Adelaide District Court alleging the company didn't properly fasten the lid of the coffee cup, resulting in the spill and subsequent burns, according to reports by News.
McDonald's Australia was contacted by SmartCompany this morning, but no reply was available prior to publication.
The case is nearly identical to the famous suit brought against McDonald's in the United States in 1994, when Stella Liebeck sued the company over a similar case. She won a $US2.8 million payout.
While the suit was dismissed by many legal experts as frivolous, such cases are common, even in Australia.
Source: Smart Company, 22 April 2013
Jessica Sussan Wishart sues McDonald's franchise over burns from hot coffee
An Adelaide woman is suing a McDonald's franchise over a hot coffee. Jessica Sussan Wishart, 22, says a cup of coffee inflicted multiple second-degree burns to her inner leg, leaving her in excruciating pain.
Her lawsuit mirrors that of US pensioner Stella Liebeck who, almost 20 years ago, was controversially awarded $US2.8 million for a hot coffee scalding.
In her District Court statement of claim, Ms Wishart says she bought a lidded cup of coffee from McDonald's at Renmark - operated by Robert and Sonya Vigors, and Quebani Pty Ltd - in April 2009.
"While sitting in the front passenger seat (of a car) she experienced a burning sensation to the fingers of her right hand, which was holding the cup," it asserts.
"Due to the intense heat emanating from the cup and the failure of (McDonald's) to properly secure the plastic lid, hot coffee spilled on to her thighs."
The document asserts Ms Wishart was taken to hospital with second-degree burns to her inner thigh, groin and buttock.
The largest of her multiple blisters "measured 8cm by 3cm by 3cm". "(She) has permanent scarring and had difficulty walking ... she no longer drinks coffee or goes into McDonald's stores," it asserts.
"She experiences anxiety and revulsion and feels inhibited."
Ms Wishart asks the court to find the franchise was negligent and to award her compensation.
In 1994, Ms Liebeck made world headlines when she sued McDonald's after spilling coffee on her lap in Albuquerque, New Mexico.
Although she suffered burns to 6 per cent of her body, her $US2.8 million win was criticised as frivolous litigation.
Legal expert and Tindall Gask Bentley managing partner Morry Bailes said that criticism was misplaced.
"The actual facts of the Liebeck case have often been overlooked in favour of an overly simplified and sensationalised view of the law," he said.
"The mere fact that an injury was occasioned by a hot cup of coffee should not lead to a view that a claim is unjustified."
He said Ms Wishart would be unlikely to receive as much as Ms Liebeck because, in the US, juries decide compensation.
"In SA, damages are assessed by judges alone ... that tends to result in more conservative assessments," he said.
Source: Adelaide Now, 21 April 2013
