Fill a form in 3 easy steps - less than 5 mins.
Posted: September 13th, 2022
Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson’s car when she was severely burned by McDonalds’ coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonalds. After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap. Stella Lieback sued McDonalds for coffee being too hot. Discuss the merits of this case and whether or not tort cases are some what frivolous and take up too much of the court’s time
—
The Merit of Tort Cases
The Merit of Tort Cases
The argument that Ms. Liebeck’s physical injuries were severe to prove that the coffee was dangerously hot hold the basis for merit for the case. The McDonald’s serving policy at temperatures 180 to 190 degree was used as merit that should that the coffee could result in third-degree burns in the case they landed on a body. On the other hand, the basic facts of the case show that there is no merit to the case and the case is ultimately questionable and frivolous (Tracz, 2017). One could argue that it is contributory negligence as Ms. Liebeck spilled the coffee on her lap when she was in control of the cup. There is no merit to the argument that the coffee was dangerously hot. Ms. Liebeck bought the coffee; with the understanding that coffee is hot in the cup. It was her responsibility to control what happens to the coffee.
Tort cases are frivolous in some ways as they bring on many negative effects. These cases take up time in the court and use of resources that would have been used for other significant cases. These frivolous tort cases hurt the lives of the sued parties which may be individuals and small businesses who financially ready to pay legal fees and spend time in the court. Tort cases that hold no merit make individuals and small businesses incur legal charges or damage to their reputation to cases that lack any legal claim, facts or merit (Gabuthy & Lambert, 2018). Not all tort cases are frivolous; as there are cases with strong legal precedents and facts. Most attorneys do not practice responsible tort law and lack intelligent choice of the cases with the basis of substantial legal precedents. It leads to undeserving plaintiff taking up court time and unfairly accusing the defendants which consequently affect negatively the substance of tort cases.
References
Gabuthy, Y., & Lambert, E. A. (2018). Legal Advertising and Frivolous Lawsuits. Journal of Institutional and Theoretical Economics (JITE), 174(3), 570-593.
Tracz, E. T. (2017). Half Truths, Empty Promises, and Hot Coffee: The Economics of Tort Reform. Seton Hall Legis. J., 42, 311.
You Want Quality and That’s What We Deliver
Our writing team is assembled through a rigorous selection process, where we handpick accomplished writers with specialized expertise in distinct subject areas and a proven track record in academic writing. Each writer brings a unique blend of knowledge and skills to the table, ensuring that our content is not only informative but also engaging and accessible to a general college student audience
Competitive pricing is a cornerstone of our service, where we balance affordability with exceptional quality. In offering the best writers at rates that rival other writing services, we ensure that students can access top-notch content without breaking the bank unnecessarily. Our fair and transparent pricing structure is designed to provide value for money, making us a go-to choice for students seeking high-quality writing services at an affordable price.
Academic integrity is paramount to our writing service, which is why we produce original research and writing content for every paper. Each piece of work is carefully written from scratch, ensuring that every sentence, paragraph, and page is authentic and free from plagiarism. Our rigorous quality control process involves thorough scanning of every final draft, guaranteeing that the content meets the highest standards of originality and academic integrity. With keen attention to citation and referencing, we ensure that every source is properly credited, giving you complete peace of mind. We also have the best plagiarism checkers like safeassign and turnitin thus providing similarity score for each paper.
When you decide to place an order with Dissertation Help, here is what happens: