Lady wants to sue mall for falling into fountain while texting

[UnderseaLcpl]

Originally Posted by August

If that's so then why do they make the lids with that little sippy hole that enables drinking the coffee on the way to somewhere else? The fact is all their drink and food products are packaged for eating on the road. Just compare it to how take out food is packaged and it's obvious.

Oh, good heavens! I can't believe were debating the dynamics of sippy-cups.

Yes, the cup is made so you can drink from it whilst minimizing inadvertent spillage and heat loss. It's served that way whether you are eating in or going through the drive-trhough or carrying your order out because that's efficient and practicable.

And yes, the food is packaged so you can eat it on the road, if that is what you want, but that doesn't mean that it is their fault if you spill your drink or wedge your BigMac under the brake pedal or whatever. They can't be held responsible for that. Was there some point at which it was decided that they must be held responsible for every possible misuse of any product they sell?

Actually, I take that back. It was decided in several cases, but it's still stupid.

Yes.

Why?

If a case can be made that their flimsiness contributed to an accident then why shouldn't they be liable for damages?

Because it would be silly. If that were the benchmark we used for everything people would be able to sue cell-phone companies for selling them the phones they were talking or texting on when they got in an accident. We wouldn't be able to get a soda or coffee either because the expense of providing every customer with a sealed thermos would be prohibitive.

It would be the legal equivalent of treating everyone like children by taking away their responsibility and placing it in the hands of anyone who might have anything to do with them.

No I'm not assuming that. I see it as a product safety issue. I'm sorry that your coffee is packed so insufficiently that it makes it too cold to drink by the time you get to work. It is plenty hot when you get it so why can't you get MD to package your coffee in a way that it doesn't go cold during the trip, or better yet, take some responsibility for both your coffee temperature and the environment and have them put pour it into sturdy reusable thermos bottle?

Because that would be way too expensive and people wouldn't do it. Nobody would bring their reusable thermos back reliably (how many people do you see using reusable grocery bags?), and nobody is going to pay for an insulated disposable cup that isn't syrofoam. There would just be no drive-though coffee for anyone. McDonalds would just say "To hell with it" and focus their efforts elsewhere.

I can't believe we're arguing about this.