Tort Reform Case Paper

Improved Essays
According to Finzen (2003, Feb. 11), “The tort reform campaign has gained much wider acceptance, however, in the jury box. Many jurors now treat as self-evident the notion that the nation is plagued with “frivolous” lawsuits and outrageous jury verdicts. The rich and greedy plaintiff's lawyer has become a part of American folklore” (Finzen, 2003 Feb. 11). In this paper I am going to be talking about the relevant law of this case, the applicable facts of this case, and whether this case suggests the need for tort reform.
Relevant Law of This Case According to Dedman and White (2014, April 15), Stella Liebeck bought a cup of coffee and was sitting in her grandson’s car. She put the cup of coffee between her knees to take the lid off to put cream and sugar in it. When she took the lid off, the cup slipped and fell all over her lap and seeped through her sweatpants and gave her third degree burns on her thighs. She sued McDonalds, saying that they didn’t have any warnings on their cups on how hot the coffee was, and that their coffee wasn’t just
…show more content…
But since she was found to be partially negligent, she received around $500,000 from McDonalds. I think we need tort reform, as long as it doesn’t put so many limits on what victims get in awards. I believe that victims should receive awards to compensate them for what they went through, but I also think it shouldn’t exceed 500,000 dollars more than what they originally sued for. Like in the Liebeck case, she sued for $200,000 but the jury decided to give her almost 3 million dollars, which to me, seems a little bit crazy. I’m not saying that Liebeck and her family didn’t deserve that money, especially having to go through court and everything, but the jury should give victims what they are asking for, and something a little extra to help them, but not 2.9 million

Related Documents

  • Improved Essays

    This was the first shocker to me, I have spilt hot things on myself before even coffee and never have I ended up with even a burn that needed any type of medical treatment. The second issue that hit me was that Mrs. Liebeck tried to write McDonals telling them what happened and asking htem to help her cover medical expenses, they simpley blew her off explaining that their coffee was hot and at the tempature that people enjoyed it. At this point Mrs. Liebeck decided to move forward with the…

    • 962 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The case Robertson verses Hunter Panels LLC and Carlisle Construction Materials Inc., was a civil rights – Title VII Employment – Retaliation, workplace Harassment, Gender Discrimination suit. Sandra Robertson had worked for Hunter Panels LLC since 2006. Robertson filed a lawsuit against Hunter Panels LLC and Carlisle Construction Materials Inc. in April 2013, for harassment on the job, and gender discrimination. Mrs. Robertson was fired in 2012, after telling a human resource employee that gender discrimination was a on going problem at Hunter Panels LLC (Packel, 2016). Mrs. Robertson a twenty-year veteran of the Untied States Air Force, the discrimination started after she was hired at Hunter Panels LLC.…

    • 766 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Tort Law Case Study

    • 502 Words
    • 3 Pages

    From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…

    • 502 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    The courts biggest issues were trying to decide whether a trial court’s erroneous deprivation of a criminal defendant’s choice of counsel entitles him to a reversal of his conviction and should proving the sixth Amendment right to proceed with the counsel of choice depend on whether the deprivation of that right also resulted in compromising a defendants’ right to a fair trial. The majority opinion did not apply the Strickland test because they felt that the defendant could not show or give any reason as to why he felt the counsel was ineffective and that the counsels performance was poorly presented and deficient and the defendant was prejudiced by it. What the Strickland test is actually intended for is that the government must contend that the defendant must at least demonstrate that his counsel of choice would have pursued a different strategy and would have created a :reasonable probability”. In court cases the course can be split into two structures; trial errors and structural errors. Most constitutional errors are trial errors that occur “during the presentation to the jury,” and courts have discretion in deciding whether these trial errors are harmless and warrant a new trial.…

    • 556 Words
    • 3 Pages
    Decent Essays
  • Great Essays

    Analysis: The Jury System

    • 2103 Words
    • 9 Pages

    As a working prosecutor and an officer of the court, Barnes is to ensure that both the people and the accused receive a fair trial. In saying so, the best way that he knows how to achieve this is through the present judicial system, with all of its periodic aberrations. – Eliminating peremptory challenges if there is low confidence in the judicial court system may cause a greater downfall concerning trust. Perhaps jurors may not admit to any form of biases and/or fail to disclose accurate information without the process summoned under oath. – Questions concerning whether persons with specific mindsets on certain issues should be placed on the jury stand of similar court cases that opposes the persons’ principles (DWI case and the prison abolitionists).…

    • 2103 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    INTRODUCTION Appellate litigation has played a major role in the development and progress of the Unite States. One case in particular, Gideon v. Wainwright, stands out to me as it has been one of the many motivating factors in my decision to purse of law degree. Gideon v. Wainwright, a case involving an indigent man by the name Clarence Gideon, who was denied counsel. This case not only changed America when the supreme court ruled the government must provide free counsel to accused criminals who cannot afford counsel for themselves, but this case as also had a huge impact on my family life and in my decision making when it came to my career path. GIDEON V. WAINWRIGHT Clarence Gideon was charged with breaking an entry into a pool hall in Florida.…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    NOW COMES the Third-Party Defendant, Health Management Associates, Inc., sometimes denominated as “HMA” (hereinafter “Health Management”), by and through the undersigned counsel, and files this memorandum in support of its Motion to Dismiss, with prejudice, all the third-party claims brought against Health Management by the Defendant/Third-Party Plaintiff and Counterclaim Plaintiff (hereinafter “Dr. Stout”). As context, Plaintiff Statesville HMA Medical Group, LLC (hereinafter “the Practice”) brought a straightforward case seeking recovery, under a Promissory Note, of funds actually paid for the benefit of Dr. Stout. Dr. Stout’s response has been to try to contort the facts of the case into elaborate tort and fraud claims against Health…

    • 264 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    The injuries sustained in the Niles v City of San Rafael were foreseeable. The injuries resulted from the commission and the omission of act from the defendants. There was negligence in the city’s supervision of the school playground and medical malpractice at Mt. Zion Hospital. The medical negligence was nonfeasance meaning there was a failure to act when there is a duty to act as a reasonability to safeguard a person rights. The Plaintiff was an innocent party whom rights were violated by the defendants.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Secret Power of Jury Nullification Response In the Podcast “The Life of the Law, Episode 1, The Secret Power of Jury Nullification”, Shannon Heffernan explains the often overlook power of jury nullification in the U.S. court system. She defines nullification as, when a jury is convinced that a defendant is guilty but find the defendant innocent anyway. Heffernan provides examples of cases throughout history that aid the idea that nullification among juries can potentially benefit courtroom justice. She also weights its negative effects that cause potentially major injustices in courtrooms.…

    • 999 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This case is so critically important because it demonstrates how carefully and precisely legal systems must evaluate complaints involving this specific conflict of…

    • 830 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Tort Reform In Texas

    • 132 Words
    • 1 Pages

    Battery is defined as an illegal touching of another person. This can be as small as grabbing someone’s shoulder or wrist all the way up to imposing serious harm on another person. If you are involved in an argument that becomes physical and the other person punches you in the face, this is considered an “intentional tort.” In all situations in a pharmacy, you should make sure that you never, ever touch a customer in any way. This country has become so “sue happy” and our courts are full of frivolous lawsuits that the people who really need the help and have a viable case cannot get any legal team to take their case.…

    • 132 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    The United State Supreme Court has held that punitive damages do not meet constitutional muster when they are either grossly excessive or are arbitrary punishments. The punitive damage award, in this case, violate the due process clause under both the first and second Gore factors. The third Gore factor on comparable penalties does not appear to apply in this case. Degree of Reprehensibility While, Green’s conduct was done in bad faith, there is little evidence to suggest its conduct was overly reprehensible.…

    • 1094 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Selecting the right personal injury lawyer to represent your case is key to winning your case. What factors should you consider? Well, here are 5 tips on finding the right personal injury lawyer. 1. Focus On Case Requirements…

    • 568 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Stella Liebeck showed her negligence by holding the hot cup of coffee between her legs so that she could remove the lid to add her cream and sugar. The most noteworthy aspect of the case was her award of punitive damages to the tune of $2.7 million. It has been deemed “excessive” by many, but punitive damages serve a different function than compensatory damages. Punitive damages are meant to deter the defendant from letting the same situation happen again. The award was based on the fact that McDonald’s had received almost 700 complaints from customers spilling coffee and burning themselves.…

    • 613 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Essay On Tort Law

    • 706 Words
    • 3 Pages

    A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury.…

    • 706 Words
    • 3 Pages
    Improved Essays

Related Topics