Give an example of a business tort case and explain how it met or failed to...
Give an example of a business tort case and explain how it met or failed to meet the requirements of the specific tort. Make sure you identify what the specific requirements are. Please provide citations to your case.
Homework Answers
A tort is an action or act which impart damage physical/mental to another person.
A classic example of a Business Tort Case Liebeck vs Mcdonald's Restaurant tort in 1992.
Discussion:On 27 February,1992 Mrs.Liebeck visited one of the Mcdonald's restaurants in New Mexico and ordered a cup of coffee.She accidentally spilled the coffee in her lap while she was in her car,She got 3rd degree burns in and around her thighs and genitals. Mrs.Liebeck sued Mcdonald's as she faced losses and burns due to the dangerously hot coffee served by the restaurant.According to the court judgement,Mrs.Liebeck was supposed to get a compensation of $640,000 from Mcdonald's eventually.Although the compensation amount was settled by both parties secretly.
There are three type of torts:negligence, intentional torts, and strict liability,The above case falls under the category of Negligence.
The 4 elements of a Tort(negligence) are:
- Duty:In this case,Mcdonald's had the duty to provide food/drinks which are safe to consume to its customers.The coffee was the product served by Mcdonald's to Mrs.Liebeck.
- Breach:The second element of negligence is Breach,The defendant(Mcdonald's) breached the duty to provide safe to consume products and endangered the health and safety of the plaintiff due to which she suffered injuries.
- Causation:Prior to this incident Mcdonald's had already received 700 complaints of its coffee being too hot.But Mcdonald's did not give priority to the issue rather avoided it,Mrs.Liebeck had to pay the price.Mcdonald's could have looked into the matter beforehand and maybe change THE TEMPERATURE RANGE OF THE COFFEE SERVED.
- Harm: Mrs.Liebeck suffered 3rd degree burns around her thighs and genital when the coffee was spilled,She was admitted to the hospital and her treatment took 8 days and she could not work for some time.
References:
The case mentioned above were referenced from: wikipedia.com
The definition and elements of tort were referenced from: suny-monroe-law101/chapter/general-law-of-torts/
MPFM Law,USA official website
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