To be honest, no tall of them, no. But here's the common sense: if I buy a cup of coffee, I expect it to be hot--boiling water is, after all, one of the ingredients. The coffee was served in a styrophone cup, a material not exactly known for its rigidity. Putting a cup of potentially near boiling hot water, especially one which is contained within a thin styrophone cup, is the last thing I or any other sensible person would do.
Well, what you just posted would appear to be an argument in favor of Ms. Liebeck and against McDonald's, isn't it?
I mean, that container which you deem unsuitable by a sensible person standard is one which Ms. Liebeck and her nephew purchased at a drive-through window.
To make matters worse for McDonald's at trial, McDonald's argued at trial that the reason for serving such hot coffee in its drive-through windows was that those who purchased the coffee typically were commuters who wanted to drive a distance with the coffee, therefore it was essential that the coffee be at that high initial temperature in order to keep the coffee hot during the trip. However, evidence was introduced at trial which showed that
McDonald's own company research indicated customers actually intend to consume the coffee while driving to their destination. I suspect the jury was not too enamored with McDonald's upon hearing that evidence. And, of course, keep in mind that Ms. Liebeck's nephew was not driving at the time of the incident but instead had parked the car so she could lift the lid to pour cream and sugar. Having stated that, it is not too difficult to imagine a slightly different scenario which would lead to the same injury: while either driving or riding as a passenger and drinking a cup of McDonald's coffee, the driver has to make a sudden stop or the driver unknowingly hits a fairly significant pothole in the roadway.
What about the fact that McDonald's had produced documents which showed that in the 10 year period before Ms. Liebeck's incident McDonald's had received more than 700 reports of people burned by McDonald's coffee to varying degrees of severity and had settled claims arising from scalding injuries, yet McDonald's QC manager testified at trial that this number of injuries was insufficient to cause the company to evaluate its practices?
So just how many people need to suffer burn injuries before it is reasonable to demand that McDonald's change this business practice? 1,000? 5,000? Is there any number at all, or do we just give McDonald's a free pass?
You state that when you buy a cup of coffee you expect it to be hot, boiling water. I suspect Ms. Liebeck (and those 700+ previous burn victims) would agree. Now evidence was produced at trial that a number of other businesses sell their coffee at 140 degrees, yet McDonald's required their coffee to be sold at 180-190 degrees. What if the coffee was not just 180 degrees, but 250 degrees, would that make the case less frivolous? What about 500 degrees? Is there any temperature where we would agree and then say: OK, at that temperature, the case is not frivolous?
I raise these matters not for the purpose of stating, one way or the other, that the Liebeck v. McDonald's case was or was not frivolous. Instead, it is important to understand all of the facts of that or any particular case before making sweeping generalizations about frivolous lawsuits. After all, that case went to a jury of 12 people (I don't recall how many votes were required in the case - in California, 9 out of 12 is required) which deliberated and found for Ms. Liebeck (although it held Ms. Liebeck 20% comparatively at fault).
Again, there are remedies for those who are the subject of such lawsuits. So the public dialogue about them is code, usually by republican politicians, to demonstrate their support for big business at the expense of the individual.