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Running racism in America thread

Discussion in 'Sports and News' started by Scout, May 26, 2020.

  1. X-Hack

    X-Hack Well-Known Member

    No shit it was imprudent. That’s why her recovery was reduced by her percentage of the fault. Bottom line - under negligence law, it is foreseeable customers will misuse a product and the vendor/manufacturer/ whomever has a duty to address foreseeable harm. And where are you getting this idea that her lawyers argued the coffee should have been 60 degrees? That’s ludicrous. Her own expert testified that at 160 degrees would have been sufficient to avoid third degree burns. Anyway - agree to disagree on the merits.
     
    Last edited: Sep 11, 2022
    Pilot and lakefront like this.
  2. The Big Ragu

    The Big Ragu Moderator Staff Member

    I said 60 degrees celcius (which is 140 degrees Fahrenheit). And it was exactly what her lawyers argued. And Starbucks does serve coffee hotter than that, yet nobody sees the foreseeable harm of it anymore than they consider a car a death trap being recklessly sold to the public because X number of people die in auto accidents a year.
     
  3. lakefront

    lakefront Well-Known Member

    "Know the Facts:" Resources for Consumers

    "Liebeck’s case was far from an isolated event. McDonald’s had received more than 700 previous reports of injury from its coffee, including reports of third-degree burns, and had paid settlements in some cases."
     
  4. The Big Ragu

    The Big Ragu Moderator Staff Member

    700 hundred complaints out of billions of cups of coffee served during that time period. Not all of those complaints were people who had suffered a burn as serious as the one this woman did, either.

    McDonald's was serving several hundred million people a year. When you serve that many customers you get a lot of complaints. ... about EVERYTHING. Which was why McDonald's thought that the 700 complaint thing that gets repeated the way you just did was apropos of nothing. They actually thought it demonstrated the opposite of what you are thinking, as in, "We served how many billion cups of coffee and you are pointing to 700 people? We get more complaints than that about all kinds of things."

    From the stories afterward, though, the jury was swayed by those 700 people.

    I'm not sure what went into the actual liability determination, because the woman put a hot cup of coffee between her legs while sitting in a car, yanked the lid off and spilled it. Using any negligence standard, how McDonald's was 80 percent responsible for her injuries given those circumstances is mind boggling to me. But others disagree.
     
    Last edited: Sep 12, 2022
  5. X-Hack

    X-Hack Well-Known Member

    Yeah, sorry. 700 documented cases - including some that settled in the 6 figures -- is enough to say "maybe we should revisit our corporate requirement that coffee be held at a temperature of at least 180 degrees and do what other places are doing." It's enough to show foreseeability of harm. After all, nobody else was keeping it at that temperature. It's foreseeable that people will spill and it's foreseeable that coffee served AT THAT TEMPERATURE can cause severe burns as we saw. Scientific experts testified that just 10 degrees cooler is enough to slow down the burn process and reduce severity dramatically. Thus a reasonably prudent company would say, 'Let's go with 160-170 since that is enough to keep it hot for flavor purposes while alleviating most of the risk." They didn't do that despite being on notice of the risk. And they could have dispensed with the case by paying 20k for her medical expenses. That's all she asked for. That and a safer lid. They said we'll offer $800, otherwise fuck off and made her go to trial instead. Cry me a fucking river for the poor, poor company, which actually got off pretty easy, all things considered.
     
  6. X-Hack

    X-Hack Well-Known Member

    They may serve coffee hotter than 140. They don't serve it at 180-185. That was the issue. You seem to be missing the point about the severity of the burn hazard being reduced geometrically at just 10-15 degrees less. Your Starbucks example is a red herring.
     
  7. heyabbott

    heyabbott Well-Known Member

    You’re right. Everyone else is wrong.

    can we move on to another topic?

    Having a woman of color playing Ariel The Little Mermaid in a live action performance is cultural appropriation. Talk amongst yourselves.
     
  8. DanOregon

    DanOregon Well-Known Member

    Not sure what to make of the BYU thing. The player in question wasn't the only one who reported "hearing" it right?
     
  9. sgreenwell

    sgreenwell Well-Known Member

    Fuck off. I've had more than enough of this bullshit about the skin tones of mythical beings, whether we're talking mermaids, elves or superheroes.
     
    Spartan Squad likes this.
  10. The Big Ragu

    The Big Ragu Moderator Staff Member

    Why did you put hearing in quotation marks? The Duke player is adamant that she heard racial slurs clearly.

    Why don't you know what to make of it?

    She says it happened. Duke is backing her.

    BYU says they watched and listened to all of the footage from the telecast (including to strip out the audio of the commentators) and talked to 50 people who were there and they found nothing to corroborate the allegation. They also focused in on the fan who they had previously banned for the incident and found from the audio and video that he hadn't yelled any racial slurs.

    It's basically a "she says, they say" situation.
     
  11. doctorquant

    doctorquant Well-Known Member

    I think she was.
    https://www.newsobserver.com/sports/college/acc/duke/article265545666.html
     
  12. Mngwa

    Mngwa Well-Known Member

    If you go back and look at the video that is a few pages back on this thread, as she's serving. You can see a female BYU fan tap one of her friends and it looks like she's saying don't say that. It is all women. It is completely conceivable that one of those young women standing right there hurled the n-word and no microphone picked it up. I don't know why they banned some man, but I think it came from those co-eds right there by the court.
     
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