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McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.

McFact No. 8: A report in Liability Week, September 29, 1997, indicated that Kathleen Gilliam, 73, suffered first degree burns when a cup of coffee spilled onto her lap. Reports also indicate that McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants. Third degree burns occur at this temperature in just two to seven seconds, requiring skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability to the victims for many months, and in some cases, years.

The temperature of the McDonalds coffee machine specified in the lawsuit (195 F) was within the temperature range recommended by the National Coffee Association and Bunn, the largest manufacturer of coffee brewing machines sold in the U.S. 195 - 205 F.

The legal team for the woman surveyed temperatures of coffee machines at a half dozen restaurants nearby the McDonalds, and deceptively reported that temperatures at other restaurants were "as low as" 165 F. Which is a useless statement since one restaurant could've had a broken machine and the other 5 could've been serving coffee at a higher temperature than McDonalds and the statement still would've been true. This is classic tricky phrasing used by lawyers to mislead the jury. It's where the "20 degrees hotter" statement comes from. The adjective that belongs in front is "at most 20 degrees hotter," but because of the tricky way the lawyers phrased it people mistakenly think it's "at least". If their research had actually shown McDonalds was serving coffee too hot, they would've reported the temperature of all 6 other restaurants they surveyed, not just one.

McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation - and yet they never so much as consulted a burn expert regarding the issue.

Those 700 incidents were over a period of something like 13 years when McDonalds sold billions of cups of coffee. I number crunched the statistics once. If you lived 5 miles from McDonalds and drove there to buy a cup of coffee and took it home, you were more likely to die in a traffic accident than to scald yourself by spilling their coffee. If their coffee was too dangerous for the public, then so is every car on the road.

I want to say the figure was 18 billion cups of coffee served in that time, but honestly I don't recall exactly. If the 18 billion figure is correct, then those 700 incidents are equivalent to buying a cup of coffee at McDonalds every day, and spilling it on yourself once every 70,000 years. If anything, McDonalds should be getting an award for making a portable and minimal hot beverage container so safe.

McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

McFact No. 4: The woman, an 81-year old former department store clerk who had never before filed suit against anyone, said she wouldn't have brought the lawsuit against McDonald's had the Corporation not dismissed her request for compensation for medical bills.

Unfortunate, but ultimately irrelevant. The question isn't is hot coffee dangerous. Of course it is. So is hot tea,

The recommended temperature is between 155 and 175 for taste and comfort considerations.

National Coffee Association - 180-185
Coffee Detective - People prefer coffee served at between 155-175, with a massive preference towards 175. Of course, with the popularity of iced coffee drinks today, one might extend that down to 33F. ;)
Bunn: 175-185 Holding temp, 155-175 Serving

The thing to remember about McD coffee is that people often let it sit for a bit before drinking it - reaching the office, for example.

Take a swig of 140F coffee -- the temperature your home coffee maker produces.

Um, no. Here's a link to the User manual of a HOME coffee maker; http://bunn.com/pdfs/retail/usecare/38864.0000_BTX_U_C_English.pdf

It says: "The water is approximately
50F hotter than what’s available from your hot water faucet". Hot faucet water is 130-140, so the coffee maker water is 180-190.

It also says "The patented ready-to-brew reservoir keeps water at the ideal brewing
temperature of approximately 200F."

That's 200 degrees, even HOTTER than McDonalds. In a a HOME coffee maker.

Besides, as has been pointed out, this was coffee at a DRIVE THRU. it was expected that customers purchase the coffee, then drive to work, then drink. To be hot at the destination, it needs to be hotter when made/served.

but McDonald's served their coffee at a higher temperature than their peers.

Incorrect. Check out the Wiki article references.

Hell, here's a link to the User manual of a HOME coffee maker; http://bunn.com/pdfs/retail/usecare/38864.0000_BTX_U_C_English.pdf

It says: "The water is approximately
50F hotter than what’s available from your hot water faucet". Hot faucet water is 130-140, so the coffee maker water is 180-190.

It also says "The patented ready-to-brew reservoir keeps water at the ideal brewing
temperature of approximately 200F."

That's 200 degrees, even HOTTER than McDonalds. In a a HOME coffee maker.

Even a little research will find lots more coffee makers like this.

In preparation for the trial, the plaintiff measured temperatures at 18 restaurants and 20 McDonald’s, and “McDonald’s was responsible for nine of the twelve highest temperature readings.”

Without knowing the actual temperatures involved, this 'fact' is useless. 89,89,89,89,89,90- Oh, my god, that last one has "the Highest Temperature!!!1!111", but it's only a single degree hotter.

The McDonald's QA Manager testified that the corporation realized that burns would occur,

Actually, he said "that ALL foods hotter than 130 F (54 C) constituted a burn hazard, and that restaurants had more pressing dangers". (Please Note that all 'hot' food must be held at 140 or higher for health reasons. Therefore, ALL 'hot' food is technically a burn hazard.)

but maintained the "holding temperature" of 180-190(1) of its coffee because their research indicated customers buy coffee on their way to work or home and so wanted the coffee to be at an appropriate temperature up to thirty minutes later.

McDonalds are bastards, aren't they? I mean, giving the customers what they want! No company ever stayed in business doing that!!

Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.

Right there is the whole case- she mis-handled the coffee. The spill was her fault.

During discovery, McDonalds produced documents showing more than 700
claims by people burned by its coffee between 1982 and 1992. Some claims
involved third-degree burns substantially similar to Liebecks. This
history documented McDonalds' knowledge about the extent and nature of
this hazard.

What this conveniently leaves out is that those 700 burns (of all types, only "some" were serious) were NATIONWIDE, over TEN YEARS. When you consider the number of cups that they sold in that time, only one in 24,000,000 burned anyone.

One burn for every 24 million cups.

McDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste.

That also matches the National Coffee Association's recommendations. And why would the NCA give bad directions for preparing their product??

    He admitted that he had not evaluated the
safety ramifications at this temperature. Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is
generally 135 to 140 degrees.

That's simply not true. For example:

http://www.bunn.com/retail/bunn_difference.html
"The patented ready-to-brew reservoir keeps water at the ideal brewing temperature of approximately 200 degrees ."

http://www.bunn.com/retail/dos_donts.html
" We recommend a quick brew time, using a brewer that keeps water at 200 degrees Fahrenheit (the ideal temperature) and mixes the grounds for full flavor extraction. "

http://www.cuisinart.com/share/man/29_man.pdf
After brewing, the heater plate will keep the coffee at about 180 degrees -185 degrees F."

Post-verdict investigation found that the temperature of coffee at the
local Albuquerque McDonalds had dropped to 158 degrees fahrenheit.

Also not true. "McDonald's policy today is to serve coffee between 80-90 degrees C (176-194 degrees F), relying on more sternly-worded warnings to avoid future liability, though it continues to face lawsuits over hot coffee."
As an example. see http://www.cambridge-news.co.uk/cn_news_huntingdon/displayarticle.asp?id=180135 from 2007.
"McDonald's says its black coffee should be served at 85C, plus or minus five degrees."

And you were saying we needed to find out the facts??

Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.

Right there is the whole case- she mis-handled the coffee. The spill was her fault.

During discovery, McDonalds produced documents showing more than 700
claims by people burned by its coffee between 1982 and 1992. Some claims
involved third-degree burns substantially similar to Liebecks. This
history documented McDonalds' knowledge about the extent and nature of
this hazard.

What this conveniently leaves out is that those 700 burns (of all types, only "some" were serious) were NATIONWIDE, over TEN YEARS. When you consider the number of cups that they sold in that time, only one in 24,000,000 burned anyone.

One burn for every 24 million cups.

McDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste.

That also matches the National Coffee Association's recommendations. And why would the NCA give bad directions for preparing their product??

    He admitted that he had not evaluated the
safety ramifications at this temperature. Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is
generally 135 to 140 degrees.

That's simply not true. For example:

http://www.bunn.com/retail/bunn_difference.html
"The patented ready-to-brew reservoir keeps water at the ideal brewing temperature of approximately 200 degrees ."

http://www.bunn.com/retail/dos_donts.html
" We recommend a quick brew time, using a brewer that keeps water at 200 degrees Fahrenheit (the ideal temperature) and mixes the grounds for full flavor extraction. "

http://www.cuisinart.com/share/man/29_man.pdf
After brewing, the heater plate will keep the coffee at about 180 degrees -185 degrees F."

Post-verdict investigation found that the temperature of coffee at the
local Albuquerque McDonalds had dropped to 158 degrees fahrenheit.

Also not true. "McDonald's policy today is to serve coffee between 80-90 degrees C (176-194 degrees F), relying on more sternly-worded warnings to avoid future liability, though it continues to face lawsuits over hot coffee."
As an example. see http://www.cambridge-news.co.uk/cn_news_huntingdon/displayarticle.asp?id=180135 from 2007.
"McDonald's says its black coffee should be served at 85C, plus or minus five degrees."

And you were saying we needed to find out the facts??

Did your source [http://www.overlawyered.com/2005/10/urban_legends_and_stella_liebe.html] not seem reputable enough to link?

Sorry, that was not my source. Please play again.

in the early 1990's home coffeemakers only brewed up to 130-140 degrees

And today, they brew hotter.

http://www.bunn.com/retail/bunn_difference.html
"The patented ready-to-brew reservoir keeps water at the ideal brewing temperature of approximately 200. (Conventional home brewers heat water until it boils up to coffee basket.)"

Bunn also recommends you DO use "a brewer that keeps water at 200 Fahrenheit" and that you DON'T even bother reheating coffee if it's "below 175 F".

McFact No. 1: For years, McDonald's had known they had a problem with the way they make their coffee - that their coffee was served much hotter (at least 20 degrees more so) than at other restaurants.
::sigh::
Fact: McDonalds did not have the coffee 'too hot':
The National Coffee Association recommends coffee be brewed at "between 195-205 degrees Fahrenheit for optimal extraction" and drunk "immediately". If not drunk immediately, it should be "maintained at 180-185 degrees Fahrenheit." Coffee makers for your HOME brew at a water temp of 200+ degrees.

McFact No. 2: McDonald's knew its coffee sometimes caused serious injuries - more than 700 incidents of scalding coffee burns in the past decade have been settled by the Corporation -

Fact: 700 cases, in the last 10 years, nationwide. But that doesn't take into account how many cups are sold without incident. A McDonald's consultant pointed out the 700 cases in 10 years represents just 1 injury per 24 million cups sold! For every injury, no matter how severe, 23,999,999 people managed to drink their coffee without any injury whatever. Isn't that proof that the coffee is not "unreasonably dangerous"?

McFact No. 3: The woman involved in this infamous case suffered very serious injuries - third degree burns on her groin, thighs and buttocks that required skin grafts and a seven-day hospital stay.

Appeal to Emotion. It is irrelevent how severe her injuries were.

McFact No. 5: A McDonald's quality assurance manager testified in the case that the Corporation was aware of the risk of serving dangerously hot coffee and had no plans to either turn down the heat or to post warning about the possibility of severe burns, even though most customers wouldn't think it was possible.

Fact: McDonalds coffee cups have ALWAYS had a "Caution: Hot" warning on them.

McFact No. 6: After careful deliberation, the jury found McDonald's was liable because the facts were overwhelmingly against the company

The jury found for the poor little old lady with the great big, painful burns. It's called basign their decision on their Emotions instead fo the facts.

McDonald's consistently keeps its coffee at 185 degrees, still approximately 20 degrees hotter than at other restaurants

Wrong, wrong wrong.

http://www.coffeeserviceplus.com/perfect-cup.html
"Brewing temperature should be 195 to 205 degrees Fahrenheit. "

http://www.auniquecoffeeservice.com/brewingsystems.html
"205 F Brewing Temperature "

http://www.morekitchenappliances.com/asp/show_detail.asp?sku=ZOJ1066&PiID=2259383&refid=MP108-ZOJ1066_2259383#ProdDetails
"Heat Retention*: 169F at 10 hrs./136F at 24 hrs.
*Rating is based on water at a starting temperature of 203F (95C) at a room temperature of 68F (20C) "

http://www.bunn.com/retail/dos_donts.html
Do: "us[e] a brewer that keeps water at 200 Fahrenheit (the ideal temperature) "
also
Don't: "Re-heat for serving any coffee with a temperature below 175 F "

http://www.homeclick.com/1/1/13032-velox-travel-coffee-maker-yellow-7027y.html
"Just plug in and the coffee automatically dispenses at the correct 180 degree temperature"

Do I need to continue???? All these references show that the 'proper' temp for brewing coffee is around 200 degrees. Several references show that the coffee should be served hot, around 180-190 degrees (ie: Bunn says if it's below 175 degrees, it is too cold).

No reasonable person expects a "hot" cup of coffee to be 190 degrees Fahrenheit; they expect around 140 degrees at most.

Sorry. Wrong.

The National Coffee Association of U.S.A. Inc, (and who better to know coffee, eh?) says :
Your brewer should maintain a water temperature between 195 - 205 degrees Fahrenheit for optimal extraction....Brewed coffee should be enjoyed immediately!...If it will be a few minutes before it will be served, the temperature should be maintained at 180 - 185 degrees Fahrenheit.
- http://www.ncausa.org/i4a/pages/index.cfm?pageid=71

And even home coffee makers have similar temperatures. Check out some of their online user manuals. For example:
http://www.bunn.com/pdfs/retail/usecare/38865.0000_NHBX_U_C_English.pdf
Pay attention to page 3: "The water is approximately 50F hotter than what's available from your hot water faucet" (most hot water faucets are 140 deg. + 50 = 190!)
and page 7: "BUNN recommends you AVOID: ...
Re-heating for serving any coffee with a temperature below 175F."
oh- almost forgot page 6: "The patented ready-to-brew reservoir keeps water at the ideal brewing
temperature of approximately 200F."

So, despite what you think, a 'reasonable' person DOES expect hot coffee to be around 190 degrees. At least, if by 'reasonable' you mean 'can listen to the industry experts' and ' can read the fucking manual'.

You must not drink much coffee, I take it? Couldn't find the stats for my home coffee maker, but here is a similar one...

http://www.bunn.com/retail/bunn_difference.html

The patented ready-to-brew reservoir keeps water at the ideal brewing temperature of approximately 200. (Conventional home brewers heat water until it boils up to coffee basket.)

It's time to put this fucking McDonald's hot coffee case to rest: It's been held up to be a shining beacon of the spurious nature of litigation in America when in FACT it is NOT.

Yes, it is.

The facts are: While sitting in the passenger seat of a parked car, Stella placed the cup between her knees and pulled the lid. This caused the cup to tip, and the coffee to spill into her lap.

- The plaintiff suffered 3rd degree burns over parts of her legs that required SKIN GRAFTS.

Appeal to Emotion is not a valid argument. It does not matter how severe the injuries were, since she caused them to herself through her careless handling of the coffee.

- McDonald's executives testified they KNEW their coffee was hot enough to cause 3rd degree burns (burn occur over 130 degree, McDonalds was brewing their coffee as high as 205).

Non-issue- that is the correct brewing temperature. The National Coffee Association backs this up. Also, I have personally found home coffee makers that use that temperature. CHeck out some of their online user manuals. For example:
http://www.bunn.com/pdfs/retail/usecare/38865.0000 _NHBX_U_C_English.pdf
Pay attention to page 3: "The water is approximately 50F hotter than what's available from your hot water faucet" (most hot water faucets are 140 deg. + 50 = 190!)
and page 7: "BUNN recommends you AVOID: ...
Re-heating for serving any coffee with a temperature below 175F."

oh- almost forgot page 6: "The patented ready-to-brew reservoir keeps water at the ideal brewing
temperature of approximately 200F."

- McDonald's ignored advice to post warnings about the possibility of burns

Incorrect. McDonlds had a warning on their cups already.

as well has ignore the warnings given to fast food industry as a whole that they were brewing their coffee too hot.

As said above, it is NOT "too hot".

- The evidence showed McDonald's coffee was consistently 20 degrees hotter than the industry average.

So?

The JUDGE AND JURY found McDonald's behaviour reckless, callous, and WILLFUL.

Juries suck. They are extremely easy to sway with emotion, and usually quite easy to confuse with tecnical terms, as well. I was on one that awarded a guy $130,000 for walking in back of a reversing mini-van. They would have 'only' given him $100,000, but one of the jurors pointewd out "His lawyer will take 1/3". Like it's out fucking job to pay his lawyer! (Oh, and did you spot the 5th-grade math error they made??)

More recently, I was on a jury that ended up hung. WHy? Because two minority jurors didn't find the 7 audio- and video-tapes of the (monority, of course) defendant dealing drugs convincing enough, and clung to the weak-ass defense claim, even after they were shown there were holes in it you could throw a drug addict through.

So, it doesn't matter that a jury decided against 'the big evil corporation', and for the 'poor defenseless woman'. It just shows how stupid juries are.