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83-Year Old Suing Apple After Walking into Glass Doors at Retail Store
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Technically speaking
Lucky for all Americans there are laws on the books to add "distraction strips" to glass doors to prevent people from walking into them. This relieves a store or entity from prosecution if someone were to walk into a glass wall.
UNFORTUNATELY, Apple has decided not to follow New York State codes and only install one line of distraction strips somewhere at the 50-60 inch height.
So there is unfortunately a case here and Apple may want to put the correct distraction strips on their planes planes before another lawsuit is filled. Or maybe they have enough money that they don't really care?
Lucky for all Americans there are laws on the books to add "distraction strips" to glass doors to prevent people from walking into them. This relieves a store or entity from prosecution if someone were to walk into a glass wall.
UNFORTUNATELY, Apple has decided not to follow New York State codes and only install one line of distraction strips somewhere at the 50-60 inch height.
New York State Department of Labor
§ 47.8 Marking locations.
Transparent glass doors and fixed adjacent transparent glass sidelights shall be marked in two areas on the glass surface thereof. One such area shall be located at least 30, but not more than 36 inches and the other at least 60, but not more than 66 inches above the ground, floor or equivalent surface below the door or sidelight.
§ 47.9 Marking dimensions.
The marking design shall be at least four inches in diameter if circular or four inches in its least dimension if elliptical or polygonal, or shall be at least 12 inches in horizontal dimension if the marking is less than four inches in its least dimension. In no event shall the vertical dimension of any marking including lettering be less than one and one-half inches in height.
§ 47.8 Marking locations.
Transparent glass doors and fixed adjacent transparent glass sidelights shall be marked in two areas on the glass surface thereof. One such area shall be located at least 30, but not more than 36 inches and the other at least 60, but not more than 66 inches above the ground, floor or equivalent surface below the door or sidelight.
§ 47.9 Marking dimensions.
The marking design shall be at least four inches in diameter if circular or four inches in its least dimension if elliptical or polygonal, or shall be at least 12 inches in horizontal dimension if the marking is less than four inches in its least dimension. In no event shall the vertical dimension of any marking including lettering be less than one and one-half inches in height.
So there is unfortunately a case here and Apple may want to put the correct distraction strips on their planes planes before another lawsuit is filled. Or maybe they have enough money that they don't really care?
You said the cup was placed in between her thighs though. That's not where the cup was located. It was not in her lap - it was between her knees outside of the area where the coffee got spilled - back behind her.
And the location isn't really relevant anyhow. If one reads the case file, the court concluded that the spill itself was her fault. That is not contested. What was the point was the extensive burns that she received because of the spill were far excessive based on expected temperatures.
My issue was not who is liable, my issue was that if you are stupid enough to put anything that is 100+ degrees anywhere near your crotch (last time I looked, it is aprox one spread hand span from between the knees to the crotch, going further if you consider that there is the likelyhood that your knees will be slightly elevated and that wow, there just might be the chance that any flow you get from spillage will flow TOWARDS YOUR CROTCH), you should bloody well reasonably assume that there is the remotest possibility that (especially if you are removing the lid in a VEHICLE without a stable rest for it) you just MIGHT get some of that hot coffee on your tender bits, that it is YOUR damn fault if shizz goes wrong...
That would be awesome. The lady was 83 years old, she couldn't have been moving that fast. I don't see how she could have hit it that hard (unless on purpose). Even if it wasn't on purpose, I can't imagine why she thinks she's entitled to more than her medical cost (which medicare probably already paid).
you can sue for more if its something like negligence which is what they saying concerning the glass and the images on the glass wasnt enough.
my grandmother tripped on the walkway that lead in to a restaurant. the pavement on the walkway was all cracked and crappy. when she fell she smashed her face on the cement. she walked into the restaurant with blood all over her face. this happened around noon. she called a lawyer when she got home per advice of my family. the lawyer went there and took pictures of the entryway that very same day. Just 1 night passed before they fixed it. she got hurt at noon and by 7 am the next morning they have already fixed the entryway so she couldnt sue. but the lawyer already had pictures and my grandmother got money besides medical for negligence of keeping the entryway repaired.
note this was on the property and not a sidewalk.
It's because Apple put a lot of work and effort into the presentation of every single store. Although, it could be beneficial to have big Apple logos on each side. Or a poster of a product. But that would also contradict Apple's ideas with stores. You're meant to be able to see straight into them and think "Ooh, what are those people doing. It looks like fun. Imma go too."
That's what the court ruled. They did not find McDonalds liable for the spilling itself. They found them responsible for not taking action regarding the excessive temperature of said coffee which caused excessive damage even though they knew of many complaints.
Here is the arguments:
and
This too:
The courts basically said they hadn't made it known that they served their coffee excessively hot (well above what was normal for other restaurants).
You have to compartmentalize things. There was the spill itself and the damage to 6 percent of her body. McDonalds has an expectation to make sure their food that they serve can easily harm people even if the cause is something not their fault (because it isn't always the case). Thats the reason court cases often times assign a certain amount of blame to the plaintiff - which is what happened here. The jury found though that McDonalds was acting irresponsibly.
Your grandmother's story is quite different. Tripping on an uneven surface is quite different than a woman walking at .03 MPH into a glass door or wall. What happened to your grandmother sounds like a legit accident. This old lady is suing for way more than it's worth, even if it was a real accident.
More than likely Apple has liability insurance like most every business in the country does. The insurance company is the one who pays the lawsuit, not Apple.
But she might and so might you. Then it wouldn't be likely that you'd feel that way. The longer one lives, the more likely their is some deterioration of the mind. It's a sad part of aging.
There are already rules in place and stiff penalties that can be applied to the attorney bringing a nuisance suit. The rules are designed to deter attorneys from bringing these kinds of cases. Unfortunately, it is difficult to meet the standard under those rules, to show that an attorney brought a case with no merit and to be a nuisance. I say, tweak the law if necessary (but be careful to not bar access for people with legitimate claims), and then judges need to be compelled to enforce those rules strictly or face similarly stiff consequences.
Yeah I read all of that, its stupid. Its COFFEE, its HOT. You shouldnt be trying to manipulate the lid and everything else with HOT COFFEE held between your legs.
I also like how the settlement went from $20,000(because somehow her daughter lost out on 2 months of work(50k a year job just assuming) and quickly skyrocketed to $640,000. HOW?
She should have paid mcdonalds for being so damn stupid. Coffee shouldnt need a warning to tell you it is hot and could burn you. People are just so damn stupid and greedy today that it is disgusting.
And another note, she was 79. You are telling me SHE HAS NEVER HAD COFFEE BEFORE? She knew damn well that coffee is hot. Take responsibility for your own damn stupidity and stop expecting others to pay for it.
I don't hate her because it was an Apple store, I hate her for not taking responsibility for her actions and suing someone.
If it's raining and you walk into a store with a tile floor, you should just know it might be slippery. There doesn't need to be 17 pylons in different languages telling you "caution" or "slippery when wet". No common sense anymore.
Why do you waste energy on such an intense emotion as hate over this that has no relation to you and doesn't affect you? Or are you just abusing the word "hate"?
So I guess this is a picture of you walking then?
by egg-shell skull principle Apple might have been liable, but going by public policy, since it has already exercise duty of care by placing the stickers, Apple might be paying a rather tiny fraction of the amount claimed, probably just the medical cost and 10% neglience?
i think MR didn't mention it and there is no way i am about ot read the almost 500 post, so i apologize if this is already mentioned.
Also, I would assume she has insurance, so why make a huge deal out of it by asking for a million from Apple (like Apple would even think of giving her that much money)... besides it wouldn't even cost a million dollars to fix her damn nose or any other broken part [maybe its for plastic surgery... OLD --> Young???]
CNet wrote an article too and here is something interesting he mentioned:
Any thoughts on that people
Also, I would assume she has insurance, so why make a huge deal out of it by asking for a million from Apple (like Apple would even think of giving her that much money)... besides it wouldn't even cost a million dollars to fix her damn nose or any other broken part [maybe its for plastic surgery... OLD --> Young???]
CNet wrote an article too and here is something interesting he mentioned:
Any thoughts on that people
Again, unreasonably high temperature is questionable as that's the temperature that National Coffee Association recommends. 700 incidents in 10 years (70 per year) is nothing compared to millions served during that decade who were able to handle the hot coffee without incidents and those people were apparently smart enough to add cream and sugar in a safe location, not between their legs.
The jury did find the woman 20% at fault for her decision to open her coffee in an unsafe location though.
.....only in America.....
Only in America
I think we get the picture.
