Reply #170: Your "facts" are selective and misleading

[NJmaverick]

Perhaps you would like the more pertainent facts:


Similar lawsuits against McDonald's in the United Kingdom failed. The High Court of Justice, Queen's Bench division, rejected the claim that McDonald's could have avoided injury by serving not-so-hot coffee:

If this submission be right, McDonald’s should not have served drinks at any temperature which would have caused a bad scalding injury. The evidence is that tea or coffee served at a temperature of 65 °C (149 °F) will cause a deep thickness burn if it is in contact with the skin for just two seconds. Thus, if McDonald’s were going to avoid the risk of injury by a deep thickness burn they would have had to have served tea and coffee at between 55–60 °C (131–140 °F). But tea ought to be brewed with boiling water if it is to give its best flavour and coffee ought to be brewed at between 85–95 °C (185–203 °F).<10>
Though defenders of the Liebeck verdict argue that her coffee was unusually hotter than other coffee sold, other major vendors of coffee, including Starbucks, Dunkin' Donuts, Wendy's, and Burger King, produce coffee at a similar or higher temperature, and have been subjected to similar lawsuits over third-degree burns.<13>

Home and commercial coffee makers often reach comparable temperatures.<14> The National Coffee Association instructs that coffee be brewed “between 195-205 degrees Fahrenheit <91–96 °C> for optimal extraction” and consumed “immediately”. If not consumed immediately, the coffee is to be “maintained at 180-185 degrees Fahrenheit.” <15>

Although Liebeck's attorney, Reed Morgan, and the Association of Trial Lawyers of America defend the lawsuit by claiming that McDonald's reduced the temperature of their coffee after the suit, Morgan has since brought other lawsuits against McDonald's over hot-coffee burns;<16> and McDonald's policy today is to serve coffee between 80–90 °C (176–194 °F),<17> relying on more sternly-worded warnings to avoid future liability, though it continues to face lawsuits over hot coffee.<5><18><17> The Specialty Coffee Association supports improved packaging methods rather than lowering the temperature at which coffee is served. The association has successfully aided the defense of subsequent coffee burn cases.<19>

Judge Frank Easterbrook wrote a unanimous 7th Circuit Court of Appeals opinion affirming dismissal of a similar lawsuit against coffeemaker manufacturer Bunn-O-Matic. The opinion noted that hot coffee (179 °F (82 °C) in this case) is not “unreasonably dangerous.”:

The smell (and therefore the taste) of coffee depends heavily on the oils containing aromatic compounds that are dissolved out of the beans during the brewing process. Brewing temperature should be close to 200 °F <93 °C> to dissolve them effectively, but without causing the premature breakdown of these delicate molecules. Coffee smells and tastes best when these aromatic compounds evaporate from the surface of the coffee as it is being drunk. Compounds vital to flavor have boiling points in the range of 150–160 °F <66–71 °C>, and the beverage therefore tastes best when it is this hot and the aromatics vaporize as it is being drunk. For coffee to be 150 °F when imbibed, it must be hotter in the pot. Pouring a liquid increases its surface area and cools it; more heat is lost by contact with the cooler container; if the consumer adds cream and sugar (plus a metal spoon to stir them) the liquid's temperature falls again. If the consumer carries the container out for later consumption, the beverage cools still further.<20>