reveal
Adventurer
Felix said:The only time when Caveat Venditor is the proper response to merchandise liability claims is when the good is too complicated for the buyer to easily understand, and therefore it's easy for the buyer to be swindled. Coffee is not complicated. We've had hot liquids on this planet for a while now, so her experience should have made her well acquainted. She spills boiling water on herself? I'm sorry for that, truly. But it's not McD's fault.
It's not their fault that she spilled the coffee on herself. It's not their fault that the coffee burned her. What is their fault is that the coffee was specifically kept at 185 degrees when it didn't need to be over 140. What was their fault is the customer was not warned of this hazard. I've spilled hot coffee on myself. Accidents happen. And it hurts like hell. And she has probably had the same experience. From experience she knew that she needed to be careful and to not spill it. And she knew that if she did spill it, it would hurt. But what she didn't know was that she would accidentally spill it. What she didn't know was that the coffee was kept at a temperature which most resturants do NOT keep it at; a temperature where third-degree burns would happen within 7 seconds.
I don't buy the Caveat Emptor argument on this when McDonalds kept the coffee at an extremely high temperature, which is uncommon for most resturants, and did not even put a warning on the cup (such as "Warning: Coffee kept at 180 degrees" not just "Coffee is hot" because it was hotter than normal).
By your argument, if something goes wrong with a product I am using and it is because of the neglience of the manufacturer, Caveat Emptor. If I buy a car and I get into an accident because I was travelling at a high rate of speed and tried to brake when a car cuts me off but the brakes fail because the manufacturer installed them in a faulty manner and I get into an very bad accident and am somehow injured, Caveat Emptor because I should have known not to travel at a high rate of speed even though I could logically assume that the brakes would work properly and should be no different then any other car whose brakes work properly.
Last edited: