Mark me down as a person who considers it a frivolous lawsuit. And yes I've read the background.
She balanced the cup not in a cupholder, but between her knees. Even normally hot coffee is going to be bad news if it spills like that - the only difference the increased temp made was that the burns were more severe. But the coffee would not have spilled at all if she was not negligent in handling it (i.e. she should have given it to a passenger to hold or put in a cupholder).
If the coffee had been incorrectly sealed and it spilled out during normal operation of the cup (for example, drinking it) then I'd blame McD. But I don't see why it's reasonable to blame McD just because the coffee is 10 or 20 degrees above normal temp.
They discuss the car not having any flat surface to place the cup. Putting a cup between your legs in that situation is pretty common, if not foolproof.
She went into shock and had to be rushed to the ER. 1/6th of her body was burned. The coffee was 30 degrees hotter, putting it closer to boiling than to the average temperature other machines served at. I dipped my hand in a fresh cup of coffee at home just now for reference. I could hold it fine for 3-5 seconds (which should get me close to a third degree burn with McD).
They also had over 700 reports of previous burns -- doesn't that sound like a systemic problem? The jurors, after seeing images of her injuries and reports of previous injuries, increased the punitive damages. I think the amounts are telling:
Spills are a normal and expected occurrence in the course of life. I've spilled coffee on myself before, but I've never needed 8 days in the hospital as a result.
It is also worth noting that the court in this case did not assign full responsibility to McDonald's; your point was certainly considered in this case.
She balanced the cup not in a cupholder, but between her knees. Even normally hot coffee is going to be bad news if it spills like that - the only difference the increased temp made was that the burns were more severe. But the coffee would not have spilled at all if she was not negligent in handling it (i.e. she should have given it to a passenger to hold or put in a cupholder).
If the coffee had been incorrectly sealed and it spilled out during normal operation of the cup (for example, drinking it) then I'd blame McD. But I don't see why it's reasonable to blame McD just because the coffee is 10 or 20 degrees above normal temp.