McDONALD’S HASN’T LEARNED ITS LESSON: HOW HOT IS TOO HOT?

Gerald Goldhaber • Jun 06, 2023

Thirty years ago in 1992, 81-year old Stella Liebeck of Albuquerque, New Mexico bought a cup of coffee through the drive-thru window at her local McDonald’s. Her grandson was driving the pickup truck while Liebeck rode in the front passenger seat. After pulling out of the drive-thru, she asked her grandson to pull over to the side of the parking lot so that she could put creamer in the coffee. It was during that process that the coffee spilled into her lap and scalded her. In fact, she suffered third-degree burns over her pelvic area that put her in the hospital for 8 days. She underwent skin grafting followed by two years of continuous medical treatment. Her injuries were real, excruciatingly painful, and--perhaps most importantly--they were debilitating.

Liebeck first requested that McDonald’s simply cover her medical bills totalling about $20,000. They refused. So she sued and ultimately won. A jury awarded her $2.86 million, but that was reduced to $640,000 by the trial judge; she ultimately settled, to avoid lengthy appeals, for $480,000. While poor Stella Liebeck might have been, for a time, the poster girl for frivolous lawsuits, it turns out her claim indeed had a lot of merit. Despite the late-night TV jokesters’ claims that she was a victim of her own clumsiness and not of any negligence by McDonald’s, we have learned, thanks to reporting in the Huffington Post decades later, that McDonald’s had already faced more than 700 hot beverage scalding claims BEFORE the Stella Liebeck case came to national prominence! McDonald’s, through NDA’s and quick settlements, had managed to keep those 700 prior complaints quiet until Liebeck caught the attention of the national media.

The point is that McDonald’s flatout knew, long before Liebeck was injured, that their overheated coffee posed a dangerous hazard to their customers. Yet, they did nothing about it. They didn’t endeavor to find a way to eliminate the hazard, and they certainly weren’t interested in warning their customers about the safety hazard their overheated coffee posed to them. During the trial, testimony confirmed that the industry standard for serving hot coffee was 160 degrees Fahrenheit, while McDonald’s deliberately served their coffee at 190 degrees Fahrenheit, well beyond the temperature at which third-degree burns would be caused. The irony here is that McDonald’s claimed it was doing a service to its customers by allowing them to still have hot coffee when they got home or to work. What McDonald’s failed to do, however, was to warn these same customers HOW HOT WAS HOT!

Let’s fast forward 30 years to Tamarac, Florida (near Ft. Lauderdale) where Philana Holmes bought Happy Meals (containing chicken McNuggets) at a drive-thru window at her local McDonald’s, for her son and 4-year old daughter, Olivia, both of whom were seated in the rear seat. After giving the Happy Meals to her children, she drove away, only to hear her daughter start to scream; she pulled her car over and discovered that her daughter had suffered serious burns from the McNuggets which had fallen on her leg. The girl’s parents sued McDonald’s claiming, among other assertions, that McDonald’s failed to warn its customers about the dangerously hot temperature of the food. During the trial, once again, McDonald’s was exposed as serving its McNuggets at almost 40 degrees higher than the industry norm and standard needed to kill salmonella and other deadly

bacteria, 160 degrees.

Once again, just as with Stella Liebeck almost thirty years earlier, McDonald’s was caught serving its food and beverages at temperatures significantly higher than the rest of the industry, at temperatures sure to result in serious burns to its customers, should they suffer a situation similar to Olivia’s or Stella’s. While McDonald’s may have believed (and still may believe) they are only doing what their customers want...in fact, the Florida jury did NOT find fault with McDonald’s for serving the extremely hot food...McDonald’s was still at fault for not warning their customers that the food could actually cause them to suffer serious burn injuries. In short, McDonald’s failed to engage in what I call “principled disclosure”, simply telling its customers the truth about its products and letting their customers make “informed choices” about whether to buy their overheated products and, if bought, how to handle them safely.


Has McDonald’s learned anything from its litigation experiences? I’ll let you be the judge by looking at (or for) the so-called “warning” that McDonald’s now puts on the back of its coffee cups in white print on a yellowish-orange background.


Check out my latest podcast "EXPOSED! An Exclusive Look Behind the Curtain of Corporate Greed"

Check out my book "Murder, Inc.: How Unregulated Industry Kills or Injures Thousands of Americans Every Year...And What You Can Do About It". 
Available in Hardcover, Paperback, Kindle & Audiobook on Amazon now.

Please feel free to share this issue of the Goldhaber Warnings Report with any interested friends or colleagues who may wish to subscribe to this newsletter or enroll in any of my NACLE courses on warnings.



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