Yes, having been (grimace) in the insurance industry the worst part of my adult life, I knew about the Lieback case, but I still think that since water boils at 212F, anyone who expects not to be burned by spilled fresh coffee is a fool. I know that normal drip style coffee makers make coffee at about 180F, but I still believe, and have always, that far too many people are the authors of their own misfortune, and are awarded money for their own stupidity. I am not convinced that the Lieback case was a sound judgement.

On top of that, punitive damages are awarded as a 'fine' to make the negligent party sit up and take notice. Why that part of the award goes to the plaintiff is way beyond my simple mind. After the plaintiff is awarded real damages (even including 'pain and suffering'), receiving the punitive damage award on top is nothing more than a flat out bonus. Punitive damage awards should go to the court in the same way that any other fine does.

Alan

>Hi Alan,
>
>>Now can I sue Microsoft like smokers sue tobacco companies, or people who drive with hot coffee between their knees can sue McDonalds?
>>
>
>The McDonald's Coffee Case: The Real Story -- http://thespleen.com/thelaw/whoscrewsubaby/index.php?artID=223