Throw Out This Speculative Suit And Award Costs To The Defendant

If our legal system does not place a strong emphasis on common sense and personal responsibility for basic safety, expect to start paying $5 for a lukewarm cup of coffee.

Because that’s an example of what will happen if the stupid bitch who is suing McDonalds because she spilt a hot cup of coffee in her lap actually wins her case.

Suppose Jessica Wishart is successful in her claim, not against McDonalds by the way, but against the franchisees, Robert and Sonya Vigors who run the Renmark, SA restaurant. How will public liability insurers react?

By massive increases to premiums and stricter terms and conditions. That will flow through to consumers, not just in terms of increased prices, but restrictions on the nature of goods and services provided.

It won’t be confined to servers of hot beverages either. This case will set a precedent, where on a flimsy pretext of insecure packaging or lack of warning labels, a supplier of goods will be held responsible for any mishandling after purchase, regardless of common sense. Insurers will use the case as an excuse to raise public liability premiums across the board and seek to limit their liability by forcing adherence to stricter conditions. It’s us consumers who will suffer. Only the lawyers will benefit.

Morry Bailes, managing partner of Adelaide law firm Tindall Gask Bentley said:

"The mere fact that an injury was occasioned by a hot cup of coffee should not lead to a view that a claim is unjustified."

Maybe not if someone threw it on you. But definitely if you spilt it on yourself.

Would Tindall Gask Bentley perhaps be the law firm representing Jessica Wishart?

Jessica Wishart’s statement of claim says:

"While sitting in the front passenger seat (of a car) she experienced a burning sensation to the fingers of her right hand, which was holding the cup"

What could that possibly be?

"Due to the intense heat emanating from the cup and the failure of (McDonald's) to properly secure the plastic lid, hot coffee spilled on to her thighs."

No, due to her own stupidity in not putting the cup down somewhere it wouldn’t spill.

Her argument is probably along the lines of: McDonalds failed to put the lid on adequately, so when she involuntarily squeezed, shook or rotated the cup, the coffee spilled. But why would you believe this? If a takeaway cup is squeezed or has sufficient percussive force applied, its lid will come off. Isn't the most likely explanation that Jessica Wishart caused the lid to lift from part of the cup rim and the coffee to spill through her own, negligent action?

Additionally, the claim that McDonalds did not put the lid on correctly can only be speculation, since had Jessica Wishart noticed this was the case, why didn't she correct the problem herself, or at least put the cup down? 

Coffee is served hot, you dumb bitch. That was the “burning sensation to your fingers”. It’s hot because it’s made with boiling water. Sometimes it’s hotter than we’d like. Thus, care is required when handling a paper cup full of it.

We should not allow this American style bullshit to take root in Australia.

The courts can stop it right now: find for the defendants (who are not a large corporation, but small business owners) and award costs against the plaintiff. Then how many speculative lawsuits of a similar nature will subsequently be brought?