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Yeah, she spilled the coffee. So there was an element of negligence on her part. But the fact still remains that had she spilled coffee at an appropriate serving temperature she would not have incurred 3rd degree burns over 6% of her body. To do so she would have had to let the hot coffee sit on her for over a minute! This only touched her for 2 seconds before burning her up. That is extreme negligence on McD's part, especially because they knew it had caused burns before, and possibly caused someone to go into shock and die (although that case never went to court and thus never legally proven).
I have to agree with Morgan: What's wrong with penalizing corporate negligence that burns and may even kill their customers?
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