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  1. #121
    Senior Member BAJ's Avatar
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    Quote Originally Posted by Not_Me View Post
    As I said.....


    If my arguments were faulty, you should be able to point out the inconsistencies. But you didn't even appear to recognize that arguments were presented. You simply react emotionally.

    I did better. I pointed out a contradiction.

    You said that McDonald's cannot be at fault because they would of had to have known severe burning is a likely result. They could not have guessed this, even though they serve millions of coffees and had evidence. So this statement is wrong in itself because they did know.

    However, you then say everyone (including McDonald's, little children, your eight year old niece) knows that coffee could cause third degree burns. They knew the risks, you say, but they handled the coffee sloppily so they must be at fault.

    You cannot simultaneously say, "There's no way McDonald's could have known", and "Everyone knows." If McDonald's didn't know, then how could the customer know? But McDonald's did know, but considered it more profitable to use a more dangerous, cheaper cup or not warn the customer.

    You are right. By feeling I KNOW.

    And presented lots of opinions. I rambled. Etc.

    However, clearly I read everything you said. Your position is weak, and it's been weakly presented. But you say in effect that I'm just not smart enough to understand your position.

    With all my poor arguing, I only watched the video up until the point where I saw the burns. That's all the information I needed. It was only later that I started googling stuff, and found that not only was your position wrong in my view, it was wrong in court.

    Anyway, I like me

    I'm :uni:B:uni:R:uni:I:uni:L:uni:L:uni:I:uni:A:uni:N:u ni:T:uni:

  2. #122
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    Quote Originally Posted by BAJ View Post
    You cannot simultaneously say, "There's no way McDonald's could have known", and "Everyone knows." If McDonald's didn't know, then how could the customer know? But McDonald's did know, but considered it more profitable to use a more dangerous, cheaper cup or not warn the customer.
    My position is that the danger of boiling hot liquids is, or ought to be well known to everyone. Therefore, if someone fails, for whatever reason, to take the necessary precautions, they have no one to blame but themselves.

    I only made the other points in highlight the contradiction in your argument. You claimed that the danger cannot be anticipated. I disagree with that stance, but I pointed out that, if it was true, then Mcd would off the hook because it is unfair to hold someone responsible for dangers they cannot be expected to anticipate.

    If you wanted to make a case for negligence, you needed to argue along the line of:

    1. Customers cannot be expected to be aware of the the danger.
    2. Mcd knew of the danger.
    3. Mcd knew that the customers were unaware, but failed to provide reasonable warning.

    But you didn't. You brought up some pretty far fetch principles instead.

    With all my poor arguing, I only watched the video up until the point where I saw the burns. That's all the information I needed.
    Juries often do the exact same thing. They ignore the facts and simply act out of sympathy for the plaintiff regardless of who was at fault. That's why court judgements are so out of control.

  3. #123
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    The whole point of the lawsuit is that the coffee isn't supposed to be boiling hot.

  4. #124
    Senior Member BAJ's Avatar
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    Call it an EMOTIONAL reaction if you wish, but coffee is never supposed to cause third degree burns into the muscle tissue.

    It's OBVIOUSLY wrong.

  5. #125
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    Quote Originally Posted by MacGuffin View Post
    The whole point of the lawsuit is that the coffee isn't supposed to be boiling hot.
    But it's a major stretch to call it a hidden product defect, considering that self made coffee, tea, soups, etc, always start out boiling hot.

  6. #126
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    Quote Originally Posted by Not_Me View Post
    But it's a major stretch to call it a hidden product defect, considering that self made coffee, tea, soups, etc, always start out boiling hot.
    Exactly. Something you make is wholly known by you. You assume the entire risk. When something is made for you, you don't assume it to be in an unusable condition when you get it. At least not in such an unusable condition that it is a major health risk.

  7. #127
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    Quote Originally Posted by BAJ View Post
    Call it an EMOTIONAL reaction if you wish, but coffee is never supposed to cause third degree burns into the muscle tissue.

    It's OBVIOUSLY wrong.
    What do you even mean by that? Mcd doesn't have magical coffee that burns extra deep. If you poured boiling water over yourself, anything can happen.

  8. #128
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    Quote Originally Posted by Not_Me View Post
    What do you even mean by that? Mcd doesn't have magical coffee that burns extra deep. If you poured boiling water over yourself, anything can happen.
    Right, McDonald's coffee should not be the equivalent of boiling water.

  9. #129
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    Would that have made the whole "fire in the hole" joke an act of terrorism if you'd have done it with coffee?
    Artes, Scientia, Veritasiness

  10. #130
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    Quote Originally Posted by MacGuffin View Post
    Exactly. Something you make is wholly known by you. You assume the entire risk. When something is made for you, you don't assume it to be in an unusable condition when you get it. At least not in such an unusable condition that it is a major health risk.
    Why? Whenever friends and relatives serve me hot drinks, it's boiling hot.

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