Any thoughts on that people
There's definitely some agism creeping in here. Honestly though, if she was 20, I'd still be poo-pooing the case. It's just wrong headed.
I sort of pine for the days of "***** happens, deal with it."
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83-Year Old Suing Apple After Walking into Glass Doors at Retail Store
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There's definitely some agism creeping in here. Honestly though, if she was 20, I'd still be poo-pooing the case. It's just wrong headed.
I sort of pine for the days of "***** happens, deal with it."
well i do agree with that i guess. however i doubt this women even wants to see a courtroom or that much money. she just wants settlement money out of court so she is asking the most possible in hopes of a better settlement.
Actually, my guess is that she just wanted to sue, and she did it on purpose. It's very obvious that it is glass, and it's not the kind of thing you're supposed to sue for.
Yes, coffee is supposed to be hot, but not scalding hot. It shouldn't be able to cause third degree burns. The McDonald's coffee lawsuit was actually legitimate. Fight reality all you want, but it'll still be here when you run out of energy.
This Apple store incident, IMO, is not legitimate. There was nothing excessively dangerous about that door. The woman put herself in danger by not paying attention to what she was doing. Then she negated any cause for sympathy with her absurd million+ laswuit.
A broken nose isn't fun, but it's nowhere near the same thing as having third degree burns over your legs, butt, and genitals.
Almost as stupid as calling in sick for work to wait in line for products in order to be the first to have it.
Coffee = Hot
Moving Cars = Water sloshes around
Putting Coffee in your lap + Removing lid + moving car = What the hell do you think is going to happen.
Coffee = Hot
Moving Cars = Water sloshes around
Putting Coffee in your lap + Removing lid + moving car = What the hell do you think is going to happen.
May be she thought she could pass through the glass wall because her name was paswall. I know silly but couldn't resist
Lawyers usually get 40% plus expenses.
Anyone can file suit against anyone for anything for only $60 in our state. It's like playing the lottery. You're most likely not going to get anything, but there is a chance you might get lucky. At least, if you're dumb enough, you'll get 15 minutes of fame.
I thought Apple placed it's logo at eye-level on it's doors. If not, it might be a good idea. We have hundreds of thousands of visually impaired people flocking to purchase Apple products because they are the only computer related products designed to be operated by the blind. I work for a company with over 80% blind direct labor. Our people live on their iPhones.
I don't know if this has been posted yet, but apparently the lady was/is Manhattan's top Russian sable fur dealer, so she's got to be already rolling in the dough. This now explains the $75k in medical bills (probably has the most expensive surgery done) and suing for a total of $1mil. At least it puts it into perspective that she isn't a common grandma in her 80's.
And lawyers.
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Even if it was hard to see the glass, you shouldn't be able to sue someone for walking into their building and hitting your head on a wall. It should be at your own risk.
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The coffee was too hot. It did more damage than it was supposed to do. Still, can't there be a little slack for McDonald's? The people there make mistakes. The guy accidentally heated it too much. Just assume that the coffee will burn you!
Simple. I'd expect to feel some hot coffee, shake it off, and say, "Damn, that was hot. Shouldn't do that." We've all been there, whether it was in a car or not. The car isn't the issue. I'm a HUGE coffee drinker, and I've spilled a bit on me before, whether it was bumping into someone going through the Starbucks door, or a tiny dribble leaking from the Dunkin cup when the girl handed it to me through the window.
I would NOT expect third degree burns covering 6% of my body, including my legs, butt, and genitals. Is that really what you would expect? Do you just live in constant fear of coffee?
So that is why the car is irrelevant. What if she hadn't opened it, but instead used her cup of coffee exactly as it was intended, meaning what if she drank it? She would have had third degree burns covering her mouth and throat. I couldn't imagine.
Yeah, it's dumb to open a cup of coffee while you're driving. But it's dumb because it causes a mess, not third degree burns.
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When I was about 15 I was visiting someone at a hospital. As I was leaving I walked into a glass wall that was so clean I den;t see it. It is many years later and I have led a wonderful life so far. I never felt I should get a dime from that hospital.
Whether or not this woman's negligence claim has any merit, courts generally don't award any punitive damages in a case of negligence. The defendant must have a higher degree of culpability, e.g., they acted intentionally or recklessly. Unless Apple has received notice of a fair number of similar incidents regarding its storefront design, this seems to be a garden variety negligence case. (In the McDonalds case, the company had received many prior notices of patrons being burned due to the excessive temperature of the coffee.)
So, even if this nice senior citizen could prove that Apple was negligent, at best she'd recover her reasonable medical expenses and an amount to compensate her for any pain. It's doubtful she's working at her age, so there's no wage loss to compensate. In addition, courts take into account any negligence on the part of the plaintiff and reduce any award proportionally. If the woman were found to be 50 percent at fault, she'd recover only 50 percent of her damages.
Without knowing all of the facts of this case, based upon what's related here, this seems like a case with a value far south of $75,000. Will Apple settle? Unless the plaintiff refuses to settle for a reasonable sum, probably. Over ninety percent of civil cases are settled in the U.S. every day (meaning, they don't go to trial). Trials are risky for both parties. Would I want a jury panel comprised of 12 MacRumors posters? Hell no.
So, even if this nice senior citizen could prove that Apple was negligent, at best she'd recover her reasonable medical expenses and an amount to compensate her for any pain. It's doubtful she's working at her age, so there's no wage loss to compensate. In addition, courts take into account any negligence on the part of the plaintiff and reduce any award proportionally. If the woman were found to be 50 percent at fault, she'd recover only 50 percent of her damages.
Without knowing all of the facts of this case, based upon what's related here, this seems like a case with a value far south of $75,000. Will Apple settle? Unless the plaintiff refuses to settle for a reasonable sum, probably. Over ninety percent of civil cases are settled in the U.S. every day (meaning, they don't go to trial). Trials are risky for both parties. Would I want a jury panel comprised of 12 MacRumors posters? Hell no.
Its also dumb to put a loaded gun in your mouth and pull the trigger. Is that your fault or the person who loaded the gun?
Hey, if I buy a hard drive from WD, put my stuff on it, and it breaks eventually, should I be able to sue them? I've never heard of such a thing. You have to assume that the hard drive will stop working eventually.
With coffee, you should always assume that spilling it on yourself will injure you.
Oh, please. When I go to the mall (not often, I admit) 90%+ of the stores have glass front windows and doors. I haven't run into one yet. And if she's so blind she can't successfully enter 90%+ of the stores at any given mall, she's too old to be out on her own.
She wont get a dime
She will not get a dime, because if she does they'll be some many copy cat's trying the same thing.
and Greed is what's ruining this country
greed
She will not get a dime
, because if she does they'll be some many copy cat's trying the same thing.and Greed is what's ruining this country
Guns are supposed to fire bullets.
Coffee is not supposed to cause third degree burns.
I'm sure you're smarter than this.
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That analogy makes no sense. That would be like suing McDonald's because your coffee got cold after an hour, not suing them for third degree burns.
Do you people know what a third degree burn is?
When you buy coffee, do you really assume it will cause third degree burns?
You really shouldn't. Are you telling me you have NEVER spilled coffee or tea on yourself?
Because I can guaran-damn-tee you you did NOT receive third degree burns from it[1]. This is not a bit sore and red, it's not even blisters and potentially a little bit of scarring, it's skin grafts and hospital time and massive scarring. If you get it on your face, it's looking like http://www.lewrockwell.com/vance/man-burned.jpg for the rest of your life.
[1] If you did, you wouldn't be trivialising it.
Coffe is meant to be very hot.
It's not supposed to spill on your lap unless you are a klutz or an idiot, or planned it all with a greedy lawyer.
Someone should check if she is one of those people who make a living out of suing other people... And I don't mean lawyers.
Well, that is their target market. *rimshot*
(I liked it better when they made computers.)