427435
Registered Member
I believe the point is, as we say in our industry, "operator trouble" is the problem. It really should not matter if the coffee was 160 deg. or boiling. Hot is hot and the lady came into contact with a hot liquid because of "operator trouble". This is why we need fewer attorneys.
There is a very large difference in the ability to cause injury between 190 deg coffee served in an insulated cup (with a difficult lid to remove) and 160 degree coffee served in a porcelain cup. There was a lot of evidence that the franchisers wanted to lower the serving temp due to past problems and complaints, but a corp VP wouldn't let them. He had read/heard that coffee had to be roasted at at least 190 deg to develop full flavor. However, lowering the serving temp (once roasted) doesn't hurt the flavor.
Not only was the "accident" foreseeable but there had been numerous problems reported to McDonald's previously. The last is what leads to recalls in the auto industry and what should have lead to some corp standard changes.