“Java Jive: Genealogy of a Juridical Icon” Reading Questions The plaintiff, Stella Liebeck, is represented as the “Individual Responsibility Narrative,” alluding to the fact that the spilling of the McDonald’s coffee was her doing, and therefore should be liable for the damages caused by the spill. Meanwhile McDonald’s, the defendant, narrative is named “Defective Products Liability.” In short, it takes a counteractive stance; though the initial cause was Ms.Liebeck’s fault, their faulty product and lack of warning makes them responsible for her injuries. Reporting on the case resulted in inaccurate facts and in majority failed to state Ms.Liebeck’s legal stance of pressing charges. Majority of newspapers, as well as news reporters failed
In Rebecca & ‘Zorba’s’ Restaurant case, the main issue is whether negligence exists of the defendant? There are three prerequisites must be present before the tort of negligence can arise: a duty of care must be owed by one person to another; there must be a breach of that duty of care; and damage must have been suffered as a result of the breach of duty. (FoBL, 2005, p70) In addition, another element must be satisfied to prove negligence is the causation. This essay will analysis Rebecca v. ‘Zorba’s’ with these four issues.
The muder of Meredith Kercher was covered very differently from beginning to end. Media bias was present on both sides of guilty and not guilty. The story was hard to keep straight as information was either left out or presented falsely. News articles presented soon after a story, is useful for awareness of the issue; however, exact details are generally not presented fairly or true fully.
The decision of the jury was based on the principles of comparative negligence. McDonald's was found guilty and responsible 80% for the coffee burn. Liebeck was found responsible 20% for the occurrence of the incident. Though there was a warning on the coffee cup, the jury decided that the warning was not large enough nor sufficient. They awarded Liebeck $200,000 in compensatory damages, which was reduced to $160,000, and an additional $2.7 million in punitive damages, which was reduced to $480,000. The decision was appealed by both McDonald’s and Liebeck, and both parties settled out of court for an undisclosed amount less than $600,000.
This essay will briefly explain negligence and its elements and will further critically analyse the UK compensation culture and discuss whether it exist, or whether it is a perception created by the media. This essay will further discuss whether the UK laws encourage people to blame and claim and what the UK law has done to prevent an increase in the compensation culture.
Vicarious liability is a doctrine where a company is held liable for the negligent acts of the employees while the doctrine of identification supposes a situation where the crimes committed by the company can be directed towards the directors or managers of the company who are the directing mind and will of the company and can be held liable for the acts committed by a separate legal entity namely the company. In the case of Tesco Supermarkets Ltd v Nattrass, the Appellant was offering a discount on washing powder and this was advertised on posters displayed in stores, but the Defendant did not find the packet of washing powder at the reduced price, as advertised. The Defendant therefore filed a complaint under the Trade Descriptions Act, 1968 for falsely advertising the price of washing powder. In defense
4. McDonald’s was liable for Mr. Faverty as per the jury’s decision. McDonald’s knew or had reason to know the number of hours Theurer had been working. It had a limit on working
Growing up, I had heard of the McDonald’s hot coffee case, but in different contexts. At the time, I was fairly certain that I understood the circumstances of the frivolous case and the jokes that came along with it. Through watching Hot Coffee and gaining exposure to accurate case details, I realized that the image I had in my head was entirely incorrect. By viewing Stella Libeck’s own account of the incident, seeing pictures of the unimaginably painful burns, and learning about how McDonald’s brewed its coffee at very high temperatures, I now understand how much something can be distorted through media and hearsay. After this revelation, I also understand how it can be difficult to ensure that jurors have no prior opinions/exposure to the case, especially when a case can become so publicly known, like in the case of McDonald’s hot coffee or the OJ Simpson trial. I also learned that the publication of torts to encourage tort reform can influence public perception of a case.
The Stella Liebeck v. McDonald's is only one of many lawsuits that end up in the person getting a big paycheck for something that the company had no control over. Many instances are of people purposefully falling
The case continued from Thursday and started with the defendant’s attorney, Christopher Duggan, questioning the witness for Wendy’s, a middle-age man who works at JBM as a manager. The witness testified about the meat-making process in JBM, and was then cross-examined by the plaintiff’s attorney, Matthew Fogelman. Mr. Fogelman then called the plaintiff, Meaghan Fitzpatrick, to the witness stand. She testified about what happened after she bite the burger and what she had go through afterwards. The trial then proceeded to closing statements.
Renee McDonald (“Plaintiff”) allegedly sustained personal injuries on October 8, 2015 while shopping at a store owned and operated by Costco (“Defendant”) in Brooklyn Park, Maryland. According to the plaintiff, while walking through the store, she tripped on mop water which caused her to fall to the ground and suffer “severe bodily injuries.” The Plaintiff claims that her fall was caused by the mop water. The mopped area had been secured with a yellow caution sign that warned customers of the wet floor. At the time of the Plaintiff’s fall, however, the sign had fallen down and was lying on the floor. Plaintiff alleges that the store did not have proper signage to warn of the hazardous condition.
As stated in the “SPJ Code of Ethics”, a journalists tenet is to “Seek Truth and Report It”, in other words, to “use original sources when possible”, to “gather, update and correct information throughout the life of a news story”, and to “avoid stereotyping”. Sarah Koenig tries her best to adhere to this ethic by constantly contacting people that could be of importance to the case. Everything she does to provide the listener with up-to-date first hand information makes her seem as a dedicated journalist, however there are instances that make it hard for Koenig to fallow this tenet.
The newspapers lost because they had wrongly published untrue and harmful articles about Jefferies while he was in custody and
The movie, “Hot Coffee”, is a documentary film that was created by Susan Saladoff in 2011 that analyzes the impact of the tort reform on the United States judicial system. The title and the basis of the film is derived from the Liebeck v. McDonald’s restaurants lawsuit where Liebeck had burned herself after spilling hot coffee purchased from McDonald’s into her lap. The film features four different suits that may involve the tort reform. This film included many comments from politicians and celebrities about the case. There were also several myths and misconceptions on how Liebeck had spilled the coffee and how severe the burns were to her. One of the myths was that many people thought she was driving when she spilled the coffee on herself and that she suffered only minor burns, while in truth she suffered severe burns and needed surgery. This case is portrayed in the film as being used and misused to describe in conjunction with tort reform efforts. The film explained how corporations have spent millions of dollars deforming tort cases in order to promote tort reform. So in the film “Hot Coffee” it uses the case, Liebeck v. McDonalds, as an example of large corporations trying to promote the tort reform, in which has many advantages and disadvantages to the United States judicial system.
This paper will consider the facts associated with the case of Stella Liebeck versus McDonald’s, resulting from Ms. Liebeck’s efforts to collect for damages sustained when she spilled extremely hot coffee into her lap in 1992. The issues, applicable laws and the conclusion the jury reached will also be covered as well as the subsequent impacts on American tort law following this decision.
Perhaps the greatest insight provided by my colleague's discussion is the deconstruction of the process by which the concept of negligence did ultimately emerge as a new tort standard. Here, the discussion illustrates the challenge before a judicial body when a legal conflict appears to bring about a new and previously unforeseen point of contention. In this case, as my colleague highlights so effectively, the charge of fraud would be the only theretofore existent way of legally addressing liability for a business or organization such as the defendant in this case. The great insight provided by my colleague is in acknowledgement of the exhaustive review of existing legal documents engaged by the ruling parties and arguing parties. This process demonstrates well that even where no precedent existing for what would become the charge of negligence,