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Everquest Suicide and Lawsuit
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<blockquote data-quote="Mistwell" data-source="post: 133618" data-attributes="member: 2525"><p><strong>Some thoughts from a geek lawyer</strong></p><p></p><p>Begin Rant.</p><p></p><p>A few things people have been saying about frivolous lawsuits in this thread kinda bugged me, and I wanted to set the record straight.</p><p></p><p>1. Please stop making the McDonald's Hot Coffee analogy. It's a rotten comparison. If you think that lawsuit was frivolous, you have never really read or seen the full story of that case. The burned person suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. McDonalds was intentionally making the coffee not just hot, but boiling, because of the smell it caused in their restaurants (which attracted more people to buying it), and because a quality assurance consultant told them they could let the coffee sit in the pot for a longer period of time without losing as much taste (though knowing full well it was a burn hazard at those temperatures, and taking precautions for their employees to avoid burns from it). The burn victim offered to settle for just her medical bills, but McDonalds refused. You can read more about the case: <a href="http://www.lectlaw.com/files/cur78.htm" target="_blank">http://www.lectlaw.com/files/cur78.htm</a> .</p><p></p><p>2. No court has taken this EverQuest case yet (people seemed disgusted that they had). It may be dismissed or subject to a demurrer.</p><p></p><p>3. Companies DO fight "frivolous" court cases, all the time. If you think companies just settle every nuisance case out of court, you are very wrong. If it really is frivoulous, I have ALWAYS seen companies fight the case (of course, they SHOULD HAVE settled the Coffee Case). </p><p></p><p>End Rant</p></blockquote><p></p>
[QUOTE="Mistwell, post: 133618, member: 2525"] [b]Some thoughts from a geek lawyer[/b] Begin Rant. A few things people have been saying about frivolous lawsuits in this thread kinda bugged me, and I wanted to set the record straight. 1. Please stop making the McDonald's Hot Coffee analogy. It's a rotten comparison. If you think that lawsuit was frivolous, you have never really read or seen the full story of that case. The burned person suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. McDonalds was intentionally making the coffee not just hot, but boiling, because of the smell it caused in their restaurants (which attracted more people to buying it), and because a quality assurance consultant told them they could let the coffee sit in the pot for a longer period of time without losing as much taste (though knowing full well it was a burn hazard at those temperatures, and taking precautions for their employees to avoid burns from it). The burn victim offered to settle for just her medical bills, but McDonalds refused. You can read more about the case: [url]http://www.lectlaw.com/files/cur78.htm[/url] . 2. No court has taken this EverQuest case yet (people seemed disgusted that they had). It may be dismissed or subject to a demurrer. 3. Companies DO fight "frivolous" court cases, all the time. If you think companies just settle every nuisance case out of court, you are very wrong. If it really is frivoulous, I have ALWAYS seen companies fight the case (of course, they SHOULD HAVE settled the Coffee Case). End Rant [/QUOTE]
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