Punitive damages

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  • Stella Liebeck Vs Mcdonald's Case Study

    This is a negligence of McDonald 's who sales, excessive hot coffee claiming to keep that tasty and also refused to reduce the temperature even after the company was about to sue. I think this also falls in the line of damages that were retained as a result of McDonald’s negligence. It wasn’t enough that McDonald’s admitted that temperature was extremely hot, but fail to admit the damage made by coffee (Stella Leibeck’s ‘hot coffee’ McDonald’s Lawsuit 1992). The company only ready to pay $800 while defendant was asking for $20000 for medical treatment. Another factual information was not only Stella filed complaint more than 700 people filed complaint against McDonald’s. These are the written proof to sue the McDonald’s. Even Stella want to get certain amount of money and close her case McDonald’s refused to give compensatory damage. For McDonald’ s customer safety seems doesn’t matter company directly refused to give compensation saying their revenue from coffee per day is far exceed than the few damages it does. This is completely against human right, customer satisfaction, and safety. After all black and forth Stella was awarded both compensatory and punitive damages, jury decided to give her 2.7 million as compensatory damage…

    Words: 732 - Pages: 3
  • The Importance Of Tort Reform

    judgement on any wrong committed. Various normative ethical frameworks were conceptualized to achieve this end. The current tort-based system as it stands fails to adequately compensate all victims of medical injury. And is based primarily upon ideals evinced in punitive and corrective justice. Punitive ethical frameworks focus upon punishing the faulty practitioner rather than upon redressing the harm suffered by the patient.…

    Words: 874 - Pages: 4
  • Tort Reform Case Study

    The Liebeck case came about during the tort reform movement, which wanted to limit the monetary damages a person could collect. (Forell, 2011). This movement was supported by McDonald’s and other companies who were on the receiving end of many lawsuits. (Forell, 2011). However, that movement took a big hit with Liebeck. In February 1992, Stella Liebeck was a passenger in her nephew’s vehicle and they made a stop at the McDonald’s drive through. (Cain, 2007). Liebeck purchased a cup of coffee…

    Words: 752 - Pages: 4
  • Liebeck V. Mcdonald's Restaurants Case Study

    With McDonald’s unwilling to pay up, Liebeck’s attorney Reed Morgan filed a lawsuit in the New Mexico District Court accusing McDonald’s of gross negligence for selling coffee that was unreasonably dangerous. Even then, McDonald’s refused all offers of out-of-court settlements. The trial took place for over a week starting on the 8th of August in 1994 and was handled by Judge Robert H. Scott. The case revealed that McDonald’s required its franchises to serve coffee at over 180°F, or 80°C,…

    Words: 758 - Pages: 4
  • Liebeck V. Mcdonald's Restaurants By Baum

    Baum, the author of the “American Court”, explains that any personal incident that produces a significant physical injury or costly property damage might seem likely to go to court, because a lot of people know that they have legal remedies for personal injuries. We see this occurring in The McDonald’s Coffee Lawsuit also known as Liebeck v. McDonald Restaurants. Seventy-nine year old Stella Liebeck who suffered third degree burns over her inner tights and genital areas after she ordered and…

    Words: 373 - Pages: 2
  • Aldridge Vs. Bad Faith: Case Study

    Aldridge v. Green Bad Faith The first grounds that Green challenges the punitive damages award on is whether bad faith is an appropriate basis for punitive damages. Courts have generally held that punitive damages are not allowed in breach of contract cases. Courts, though, have allowed punitive damages if there are independent injuries involved based upon in an independent tort. This standard appears to be met in Aldridge’s case. Aldridge may not rely upon breach of duty to justify for…

    Words: 1094 - Pages: 5
  • Reliance Pay Advantages And Disadvantages

    Essay B Reliance damages represent the monetary value of the expenses and opportunities the plaintiff wasted under a contract. Reliance damages look backwards in an attempt to undo the effects of a contract. Additionally, there are numerous other types of damages such as expectation, account of profits, nominal, liquidated, and punitive damages. In contrast with reliance damages, expectation damages look forward in an attempt to fulfill a contract; “give me what I expected to receive. Put me in…

    Words: 876 - Pages: 4
  • The Buffalo Creek Disaster Analysis

    definite statement of their damages in response to a Pittston motion to require their complaint to more particularly state the damages suffered by each of the plaintiff’s (Stern 94). In response to this, they sent Pittston each person’s statement of how what they remebered from the accident. This was in an attempt to, “turn this more definite statement into a compelling story of mental and emotional suffering, to begin providing details of psychic impairment and survival syndrome,” (Stern 94).…

    Words: 1114 - Pages: 5
  • Most Difficult Elements Of Defamation Essay

    What do you think are the most difficult types of claims for emotional damage to prove (types of lawsuits) and why? I think the most challenging type of tort is defamation of character because you have to prove actual harm. Elements of defamation involve a defamatory statement that is published to someone other than the plaintiff and the defendant. The plaintiff must prove that the defendant made such a statement and that they (the plaintiff) suffered as a result of the defamation such as loss…

    Words: 932 - Pages: 4
  • Tort Reform Case Paper

    (2014, April 15), the jury at the end of this case found Liebeck to be sympathetic and McDonalds to be not concerned about this matter at all. So the jury agreed with her on her claims of product defect, breach of implied warranty, and breach of implied warranty of fitness for a particular purpose. Though they did find Liebeck to be 20 percent at fault for what happened to her, they awarded her $160,000 compensatory and $2.9 million for punitive damages. But all of this was reduced to $480,000…

    Words: 767 - Pages: 4
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