Safety in custom cars

Started by AutobahnSHO, September 22, 2019, 03:52:02 PM

CaminoRacer

If this lawsuit does happen, there's a good chance SEMA's lawyers get involved to make sure they don't make a stupid ruling
2020 BMW 330i, 1969 El Camino, 2017 Bolt EV

giant_mtb

#31
Quote from: CaminoRacer on September 23, 2019, 10:41:03 AM
That lawsuit isn't nearly as bad as everyone made it out to be.

When McDonald's refused to raise its offer, Liebeck retained Texas attorney Reed Morgan. Morgan filed suit in New Mexico District Court accusing McDonald's of "gross negligence" for selling coffee that was "unreasonably dangerous" and "defectively manufactured".

Ah, yes the old "your coffee is unreasonably dangerous" argument.

In 1994, a spokesman for the National Coffee Association said that the temperature of McDonald's coffee conformed to industry standards. An "admittedly unscientific" survey by the LA Times that year found that coffee was served between 157 and 182 °F (69 and 83 °C), and that two coffee outlets tested, one Burger King and one Starbucks, served hotter coffee than McDonald's.

Why not sue the company that makes the coffee maker instead? Ah, somebody tried that one.


In McMahon v. Bunn Matic Corporation (1998), Seventh Circuit Court of Appeals Judge Frank Easterbrook wrote a unanimous opinion affirming dismissal of a similar lawsuit against coffeemaker manufacturer Bunn-O-Matic, finding that 179 °F (82 °C) hot coffee was not "unreasonably dangerous."


CaminoRacer

Quote from: giant_mtb on September 23, 2019, 10:57:48 AM
When McDonald's refused to raise its offer, Liebeck retained Texas attorney Reed Morgan. Morgan filed suit in New Mexico District Court accusing McDonald's of "gross negligence" for selling coffee that was "unreasonably dangerous" and "defectively manufactured".

Ah, yes the old "your coffee is unreasonably dangerous" argument.

In 1994, a spokesman for the National Coffee Association said that the temperature of McDonald's coffee conformed to industry standards. An "admittedly unscientific" survey by the LA Times that year found that coffee was served between 157 and 182 °F (69 and 83 °C), and that two coffee outlets tested, one Burger King and one Starbucks, served hotter coffee than McDonald's.

Why not sue the company that makes the coffee maker instead? Ah, somebody tried that one.


In McMahon v. Bunn Matic Corporation (1998), Seventh Circuit Court of Appeals Judge Frank Easterbrook wrote a unanimous opinion affirming dismissal of a similar lawsuit against coffeemaker manufacturer Bunn-O-Matic, finding that 179 °F (82 °C) hot coffee was not "unreasonably dangerous."



https://injury.findlaw.com/product-liability/the-mcdonald-s-coffee-cup-case-separating-mcfacts-from-mcfiction.html
2020 BMW 330i, 1969 El Camino, 2017 Bolt EV

MrH

Quote from: CaminoRacer on September 23, 2019, 10:41:03 AM
That lawsuit isn't nearly as bad as everyone made it out to be.

No.  It's kind of like the Toyota unintended acceleration thing.  It's become a big talking point, but when you actually get in the details, it's not what is commonly portrayed at all.
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2019 Acura RDX SH-AWD
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