The Truth About The McDonald's Coffee Case

When people find out I am a personal injury attorney, it is amazing how many times the McDonald’s coffee case still comes up. Almost always however, they are surprised and enlightened when they hear the true facts of the case:

• Plaintiff was in the passenger seat of her grandson's car when she was severely burned by McDonald's coffee in February 1992.
• While stopped, Plaintiff attempted to add cream and sugar to her coffee, placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid however, the entire contents of the cup spilled into her lap.
• Plaintiff suffered third degree burns over 6 percent of her body, including her inner thighs, buttocks, and genitals.
• Plaintiff was hospitalized for eight days, during which time she underwent skin grafting and debridements which are surgical treatments to remove dead tissue.

Plaintiff’s Attempt To Settle

• Plaintiff offered to settle her claim for $20,000, but McDonald's refused and forced a trial.

McDonald's Admissions and Testimony

• During discovery, McDonald's produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992.
• McDonald's also admitted that it held its coffee at between 180 and 190 degrees Fahrenheit to maintain the best taste. This was despite the fact that most other establishments sell coffee at substantially lower temperatures than at McDonald's and coffee from your coffee maker at home is generally 135 to 140 degrees.
• McDonald's own quality assurance manager testified that a burn hazard exists with any food substance served at 140 degrees or above and that McDonald's coffee was not fit for consumption because it would burn the mouth and throat.
• This same quality assurance manager also testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees and that while burns would occur, McDonald's had no intention of reducing the "holding temperature" of its coffee.
• Expert thermodynamics testimony also established that liquids at 180 degrees will cause a full thickness burn to human skin in two to seven seconds.
• Testimony also established that had McDonald’s simply lowered the temperature of its coffee to 155 degrees, Plaintiff would have avoided a serious burn.

The Verdict

• The jury awarded Plaintiff $200,000 which was reduced to $160,000 because the jury found the Plaintiff was 20 percent at fault in the spill. The jury also awarded Plaintiff 2.7 million in punitive damages for its callous disregard for the safety of its customers. (Michigan does not allow punitive damages).
• The trial court later reduced the punitive award to $480,000 even though the judge described McDonald's conduct as reckless, callous and willful.