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purple gelatinous cube o' Doom
2007-08-10, 09:11 PM
http://www.dailymail.com/story/News/2007081043/Man-says-hold-the-cheese-claims-McDonalds-didnt-sues-for-10-million/

After reading this story, I was absolutely infuriated and disgusted. I just can't stand people like this. One, people make mistakes, and this kind of stuff happens, and if you're not smart enough to look at your sandwich to see if your order was correct, then you deserve what happens to you. Two, the fact that people resort to lawsuits again a company for you being an idiot in the first place really ticks me off. In a way, this is really sad because it truly shows the mindset of many Americans, and what our society is devolving into.

Cyrano
2007-08-10, 09:17 PM
You hate people too? This...this is the happi- oh, only stupid people. Nevermind.

Anyway, the man takes five independent steps to prevent getting cheese on his burger except looking inside? Ohhh, I'm soooo sorry for him. Yes, the company should DEFINITLY pay for the mistake one likely rushed, likely overworked employee made. Of course. Only natural.

Setra
2007-08-10, 09:17 PM
Agreed.

Idiocy, and greed, is sadly common these days. Cases like this just annoy me.

Vonriel
2007-08-10, 09:20 PM
I love how one of the charges basically says they did this on purpose. :smallsigh:

Samiam303
2007-08-10, 09:20 PM
http://www.dailymail.com/story/News/2007081043/Man-says-hold-the-cheese-claims-McDonalds-didnt-sues-for-10-million/

After reading this story, I was absolutely infuriated and disgusted. I just can't stand people like this. One, people make mistakes, and this kind of stuff happens, and if you're not smart enough to look at your sandwich to see if your order was correct, then you deserve what happens to you. Two, the fact that people resort to lawsuits again a company for you being an idiot in the first place really ticks me off.

Honestly, while I'd usually agree with you, I think you're being seriously unfair. The man made it clear to multiple workers at the restaurant that he couldn't eat cheese, and it mentioned he opened the sandwich in a darkened room. Think about how much lettuce and how little cheese those sandwiches have... It's not hard to imagine not noticing the cheese under those circumstances.

While I DO agree that $10,000,000 is obscene, I don't think this is nearly as stupid as many of the other lawsuits that I've seen. Imagine if you're the guy who nearly died from an allergic reaction: that's serious business. While $10,000,000 isn't necessarily appropriate settlement, I think this warrants a look at what sort of quality control system is in place for times when someone requests changes due to allergies. Whether a serious problem will be found or not, I don't think it's "stupid" for him to want something done. He certainly made an effort to make it clear to the workers what needed to be done.

Now I feel stupid for arguing this whole thing out. :tongue:

Ranis
2007-08-10, 09:21 PM
If I were deathly allergic to cheese, I would look and make sure that anything I ate didn't have cheese in it, especially if it came from a cheap and third-rate employer like McDonalds, where I wouldn't trust most of their employees to wash my car, let alone make me something that I would plan on ingesting.

But back on subject it's his own stupidity for A)getting food at McDonald's and B) not checking his own foosking sandwich for cheese when he can die from eating it, regardless of whether or not he told them anything at all. When you're that allergic, you can't take chances. Period.

And that bit from a while back about the lady getting 3 million from spilling coffee on herself and getting "third degree burns?" Coffee hot enough to cause a third degree burn would burn through a paper or styrofoam cup long before it even had the chance of getting spilled on anyone. I work around a fryer, and when I spill the 450 degree grease on myself by accident, sure, it hurts, a LOT, but it never, ever breaks the skin. That's just silly that coffee would ever get hotter than that and get into the hands of a clumsy woman.

[/rant]

MeklorIlavator
2007-08-10, 09:22 PM
To be fair, sueing is a logical course of action when dealing with sever injuries and/or possible death. The allergic reaction in this case may have fallen into the latter category, and defiantly fell into the former. I have problems when people sue over ridiculous issues, like the ones who sued McDonalds for making them fat, or other frivolous cases.


And that bit from a while back about the lady getting 3 million from spilling coffee on herself and getting "third degree burns?" Coffee hot enough to cause a third degree burn would burn through a paper or styrofoam cup long before it even had the chance of getting spilled on anyone. I work around a fryer, and when I spill the 450 degree grease on myself by accident, sure, it hurts, a LOT, but it never, ever breaks the skin. That's just silly that coffee would ever get hotter than that and get into the hands of a clumsy woman.
[/rant]
Well, if a medical officer declared that the burns were third degree in court, then I would tend to believe them. Anyways, the coffee supposedly melted through the bottom of the cup, and she was not able to get it off right away, so it might have been hot enough, and the amount of time your body is subject to a hot object does effect the severity of the burn.

BugFix
2007-08-10, 09:24 PM
Unless you are party to the lawsuit, hold McDonalds stock, or know more about this than what you linked to, I'd strongly suggest that you chill. Tort law is one of the ways our society polices itself. It's part of the reason that we expect to walk into a restaurant and not be sickened by what we eat.

Does that mean that the lawsuit is just and that a $10M settlement is appropriate? Of course not, I don't know any more about this case than you do. But I do know that we have these things in our government who just happen to be really good at deciding what appropriate and just settlements would be. They are called "courts", and they are rather better at their jobs than either newspaper reporters or forum posters.

Basically, relax. The world is filled with idiots, and society is set up to admit them without falling apart.

bluish_wolf
2007-08-10, 09:25 PM
How misanthropic. Anyway, from the way I read it, it seems like the guy checked the burger for cheese. "By my count, he took at least five independent steps to make sure that thing had no cheese on it." So, it was probably just cheese residue or something. This guy's allergy sounds pretty severe, after all.

Samiam303
2007-08-10, 09:25 PM
And that bit from a while back about the lady getting 3 million from spilling coffee on herself and getting "third degree burns?" Coffee hot enough to cause a third degree burn would burn through a paper or styrofoam cup long before it even had the chance of getting spilled on anyone. I work around a fryer, and when I spill the 450 degree grease on myself by accident, sure, it hurts, a LOT, but it never, ever breaks the skin. That's just silly that coffee would ever get hotter than that and get into the hands of a clumsy woman.

[/rant]
See, what's interesting about that case is that the reason she won is because McDonalds was proven to have lied about their policies or somesuch to the court. I don't remember the details, but I remember being surprised by how much less stupid that one seemed when I read the actual specifics of the court's ruling.

Beaudoin
2007-08-10, 09:27 PM
If the judge seriously considers the $10 mil award, I'll eat my hat.

These kinds of articles tick me off to no end, but not because of the stupidity of the people. It's because the sensationalist aspect of the media causes the initial "WTF!?" version of the story to be spread around, but the actual central facts and results of the case are hardly mentioned at all.

samiam: Some of those interesting facts include: McDonalds had been involved in approximately 700 similar cases, an appeals judge reduced the total amount to about $500K, and Liebeck was found to be 20% at fault in regards to compensatory damages (which means she was found responsible for $40,000 of her $200,000 surgeries).

Ranis: Are you talking about grease splatters, or actual SPILLS? A tablespoon contains a lot less heat energy than a full cup, after all.

Semidi
2007-08-10, 09:27 PM
There is nothing stupid about that in my opinion, it's greed, greed isn't stupid. It can be contrary to your morals, but looking up the classic case of someone becoming a millionaire because they're clumsy with coffee and going copycat isn't at all stupid. Now what will be stupid is if the court award the greedy cheese afflicted person ten million dollars.

purple gelatinous cube o' Doom
2007-08-10, 09:28 PM
Honestly, while I'd usually agree with you, I think you're being seriously unfair. The man made it clear to multiple workers at the restaurant that he couldn't eat cheese, and it mentioned he opened the sandwich in a darkened room. Think about how much lettuce and how little cheese those sandwiches have... It's not hard to imagine not noticing the cheese under those circumstances.

While I DO agree that $10,000,000 is obscene, I don't think this is nearly as stupid as many of the other lawsuits that I've seen. Imagine if you're the guy who nearly died from an allergic reaction: that's serious business. While $10,000,000 isn't necessarily appropriate settlement, I think this warrants a look at what sort of quality control system is in place for times when someone requests changes due to allergies. Whether a serious problem will be found or not, I don't think it's "stupid" for him to want something done. He certainly made an effort to make it clear to the workers what needed to be done.

Now I feel stupid for arguing this whole thing out. :tongue:

One, my boss can't eat cheese either. When we go to Mcdonalds for lunch, we check the burger as soon as we get it to make sure the order is right. But no, this person instead drove almost 40 miles without even checking to see if the order was right. Again, if the order was special, and was that crucial that it be right, don't you think it should have been checked immediately after receiving it? Under those circumstances, no, I don't think I"m being unfair at all.

zeratul
2007-08-10, 09:34 PM
God these things annoy me too. It's like that time someone got fat from eating at McDonalds, sued them, and won. *sigh* Just depresses me.

Pyro
2007-08-10, 09:38 PM
The guy does have a point about what happened to him, but if you're extremely allergic to cheese I think its common sense to check as soon an you get the sandwhich just in case. The fast food industry is notorious for getting order wrong.

On the cash, 10 million is a stupid high. I hate the way people think they can win a ton of cash from corporations. It's like people are playing the lottery with laywers.

Beaudoin
2007-08-10, 09:46 PM
Umm...proof about the McDonalds Made Me Fat court victory? Case name, news links, anything would be good. To be fair, here's a (wikipedia) article about the Liebeck case. http://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants

Setra
2007-08-10, 09:46 PM
On the cash, 10 million is a stupid high. I hate the way people think they can win a ton of cash from corporations. It's like people are playing the lottery with laywers.
Think they can?

The problem is, that they can indeed. Lawyers would get a bit of the money too, I'd bet, so I could se why one might accept a case.

And ten million is a lot, I wonder how much it would take to bribe a judge, or jury.. Or in some cases, let them vote out of spite or dislike of such a popular company as McDonalds.

bluish_wolf
2007-08-10, 10:06 PM
And that bit from a while back about the lady getting 3 million from spilling coffee on herself and getting "third degree burns?" Coffee hot enough to cause a third degree burn would burn through a paper or styrofoam cup long before it even had the chance of getting spilled on anyone. I work around a fryer, and when I spill the 450 degree grease on myself by accident, sure, it hurts, a LOT, but it never, ever breaks the skin. That's just silly that coffee would ever get hotter than that and get into the hands of a clumsy woman.

[/rant]

It actually did cause third degree burns, though. That part isn't up for debate.

StickMan
2007-08-10, 10:11 PM
I hate McDonald's so I'm conflicted. On the one hand he is an butt on the other hand McDonald's does some really scummy things that violate heath codes and just other bad things and the food just keeps getting worse.

Beaudoin
2007-08-10, 10:13 PM
And ten million is a lot, I wonder how much it would take to bribe a judge, or jury.

Probably far more than it's worth. I mean, it would take a LOT of money for most right-thinking people to consider it, mainly from the consequences of if/when the judge and jury were found out (probably criminal trials for all involved, and the removal of the judge from the bench). Plus, the American legal system has this neat little oversight measure known as the "appeals process". Although far from perfect, it can soften the blow of a lot of bad decisions.

Gaelbert
2007-08-10, 10:35 PM
I have celiac disease, which means wheat, rye, barley, and oats (due to cross-contamination in the U.S) can severely damage my intestines. I go to McDonalds occasionally, and always order the hamburgers without the bun. They mess up sometimes, but I check what I'm eating before I bite into it. I just take it back to the front counter and told them they got my order wrong. I haven't sued anyone yet.:smallamused:
Granted, a bun is a lot easier to notice than cheese, but if I was deathly allergic to cheese I would surely check something that comes out of a restaurant where cheese is commonly used, for mistakes.
This lawsuit reminds me of the one in Washington D.C. where a Federal Judge sued a washing place multiple millions of dollars for losing his pants.

Rama_Lei
2007-08-10, 10:57 PM
What ever happened to personal responsibility. not to mention they called McDonald's before they called an ambulance.

Thes Hunter
2007-08-10, 11:20 PM
It could be cheese residue, given that anaphylactic shock such as this can be caused by minute amounts of material.

I remember in my class we looked at a case of a girl who was allergic to peanuts. She had the reaction after kissing her boyfriend on the lips. Her boyfriend just before coming to meet her had had an asian salad with noodles that had been cooked in peanut oil. Her mouth, face and throat swelled, along with the other symptoms of anaphylaxis, low blood pressure, heart arrhythmias etc.

My point is, as other posters have said, we may not know all the facts in the case. Sometimes people sue for silly reasons, the recent suit against the dry cleaner and the lost pants being an example (and I say this because the judge ruled there was no grounds for the lawsuit).

And other times it sounds silly when the media spins it, but the case has real merit when viewed with all the fact, as in the old lady being burned by the coffee.

Though I will say 1 time out of 5 (depending on care level of the workers) I will have return my special orders to the counter at McDonalds. And often times I still taste the noxious residue of the mustard placed on the sandwhich before mine, even when they get my own burger order correct.

reorith
2007-08-10, 11:56 PM
i lol'd
as much as i hate mcdonalds, the idea of another frivolous lawsuit makes me sad.

Vuzzmop
2007-08-11, 12:06 AM
From what I've gotten out of that story, this guy made it clear he was allergic, and McDonalds stuffed up. I do agree with the fact that US society is going down the toilet though. They're turning into a nation of people just trying to push the blame on somebody else and cheat the legal system out of some cash. Pathetic.

Ranis
2007-08-11, 06:36 AM
It actually did cause third degree burns, though. That part isn't up for debate.

I wasn't debating it, just simply trying to figure out how in the blazes coffee gets that hot in the first place. I mean, think about it. Very hot, freshly brewed coffee is never more than 150 degrees Fahrenheit because you couldn't drink it if it was. The whole thing is silly anyway. I want to see pictures of her burns.

bosssmiley
2007-08-11, 07:05 AM
Boo hoo hoo. Diddums didn't have the sense to check his sandwich for cheese when he knows he has allergies (although who hasn't in this day and age - they seem positively trendy right now), got hurt and wants something for nothing He's maybe due for a Darwin Award, but not for a payout over a burger.

Have this cretin never heard of the words "accident", "honest mistake" or "human error". He should man up and take some responsibility for his own welfare, rather than wasting the courts' time.

Again though, this is another "no real news so let's print any old cr@p to stop the press seizing up" silly season non-story. Anyone wants me, I'll be reading a grown up's paper (a broadsheet).

PlatinumJester
2007-08-11, 07:15 AM
It's his fault for not checking.

Even worse is this case in Washington where a judge is suing a dry cleaners for $33,500,000 for losing his trousers. This isn't even a big corporate company like Mcdonalds but a family run business. He's even gonna try and make them pay for legal fees despite representing himself.

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/03/wtrousers03.xml

I'm da Rogue!
2007-08-11, 10:16 AM
Hamburgers in Mc don't have cheese.

So he ordered a cheeseburger.

If you:

are allergic to cheese
order a cheeseburger
don't check if there is cheese inside


maybe you take 3 steps to easy money :smallamused:

I'm da Rogue!
2007-08-11, 10:18 AM
Or do they have cheese? :smallconfused: I'm not so much into junk food.
Anyway, even if they do, u got my point.

Dragonrider
2007-08-11, 10:25 AM
Wow, I don't know whether to laugh or cry.

Reminds me of a story my dad told me about when he used to work the night drive-through at Arby's - this guy ordered a ham sandwich, Dad got it to him, and then the guy drove home, opened his sandwich, and called to complain:

"My sandwich is cold."
"I'm sorry?"
"I ordered a ham sandwich, and it's cold."
"I'm sorry, sir, it's a cold sandwich."
"But I wanted it warm!"
"It doesn't come warm."

:smalltongue: I think in the end he told the guy to heat it up in the microwave. Didn't get sued. But people are just stupid that way sometimes.

Jibar
2007-08-11, 10:25 AM
Anyone wants me, I'll be reading a grown up's paper (a broadsheet).

The Guardian?

If I could remember which papers were which, I'd suggest more, but right now all I remember is the Guardian. I wonder why I remember that one and not all the others. Oh well.

You know what I find least believable about this whole shebangdabang?
He mentioned it five times.
If he doesn't have the common sense to check, why the hell would he mention it five times?
Either he's making stuff up, or this guy has a serious problem with priorities.

SurlySeraph
2007-08-11, 10:26 AM
It would make sense if he was suing for them to pay his medical bills, and maybe $1000 or so in damages. But... ten million dollars... because he was allergic? That's not justifiable in any way. If someone had actually died, maybe $10 million would be a justifiable amount to study for (typically, government agencies value a human life at $6.1 million). But $10 million because he might have died, because he wasn't quite careful enough? That's just wrong.

Dragonrider
2007-08-11, 10:29 AM
(typically, government agencies value a human life at $6.1 million).

:smallbiggrin:

That made me laugh out loud. I'm worth $6,100,000! Wow! Ever have your life reduced to one seven-digit number in a few devastating seconds? It doesn't feel good, my friend.

(goes off to cry in a corner)

:smalltongue: Ok, it's a lot of money...
But for ME?!?!?!

:smallbiggrin:

RationalGoblin
2007-08-11, 10:31 AM
Or do they have cheese? :smallconfused: I'm not so much into junk food.
Anyway, even if they do, u got my point.


They do have cheese. That's why they are called cheeseburgers. This makes me even more depressed at the state of humanity, because guess what? You can order normal, no-cheese hamburgers without having to tell the workers "hold the cheese" at Mcdonalds.

Why the boop did a guy allergic to cheese order a freakin cheeseburger?

I smell a get-rich quick scheme.

Dragonrider
2007-08-11, 10:39 AM
Didn't it say it was a big mac or a quarter-pounder or something? Does that automatically come with cheese? I've never ordered one - on the rare occasion when I go to McDonald's, I get a salad. :smalltongue:

Nightgaunt
2007-08-11, 10:44 AM
Meh, the legal system is there for a reason, without actually knowing the details of the case commenting seems senseless.

The problem with stupid people, of course, is that they do not know they are stupid...

http://www.insurancejournal.com/news/national/2005/02/15/51451.htm

Someone asked for the Fat Case. I think that is it. Not entirely unreasonable to tell the truth.

13_CBS
2007-08-11, 10:45 AM
IIRC McDonald's quarter pounders don't come with cheese. Quarter Pounders w/ cheese, however, obviously have cheese in them. It sounds like the guy just tried to make an extra precaution but ended up confusing the workers instead.

Vonriel
2007-08-11, 10:46 AM
I think the combo (which I assume they got) is listed as "quarter pounder w/ cheese."

Arang
2007-08-11, 10:58 AM
Why can you sue someone for emotional distress? If McDonald's screwed up and got him a cheeseburger even though he didn't order one and he had an allergic reaction, I can understand that being illegal, but people get upset all the time.

I'm da Rogue!
2007-08-11, 11:01 AM
Hamburgers in Mc don't have cheese.

So he ordered a cheeseburger.

If you:

are allergic to cheese
order a cheeseburger
don't check if there is cheese inside


maybe you take 3 steps to easy money :smallamused:


They do have cheese. That's why they are called cheeseburgers. This makes me even more depressed at the state of humanity, because guess what? You can order normal, no-cheese hamburgers without having to tell the workers "hold the cheese" at Mcdonalds.

Why the boop did a guy allergic to cheese order a freakin cheeseburger?

I smell a get-rich quick scheme.
I think we're saying the exactly same thing.
But I was wondering about simple hamburgers (not cheeseburgers),and they too have cheese.
But this guy caused the whole thing. Easy 10 milion. Really easy.

Dragonrider
2007-08-11, 11:09 AM
HE thought. I'm not so sure. But if he wins I'll - I'll - ...

I'll be extremely disillusioned and immigrate to another country. :smalltongue:
I'd better reneg that in case it really DOES happen.

(hypnotically)

*you neeeever heeeeeard me saaaaaaaaay that!*

Sisqui
2007-08-11, 12:13 PM
I think that the company should be held accountable if they screw up an order when the person making it repeatedly informs them of his allergy and the seriousness of its effects. Food allergies can be deadly and the staff at any restaurant, however third rate it may be, should treat special order requests from allergy sufferers seriously.

That said, the moron is almost certainly out there looking for a payoff. Anyone with real food allergies (allergies, not sensitivities) is more careful than that. At least I'll sleep easier knowing his sleazy trial lawyer will keep most of the money he is awarded. :smallmad:

Malic
2007-08-11, 12:18 PM
Ok this is annoying. I hate hman stupidity with the white hot intensity of 3 billion supernova's, but for crying out loud this isn't human stupidity at all.

1: He said no cheese 5 time's.

2: It seems's this happened at night so checking in there or in the movie wouldn't help much.

3:Alot of people are saying it was cheese residue. That makes sense since usually the employee's just pre-make them with cheese and someone just pulled it off.

4: At first it was just a regular reaction (I.E. bloting, gas, etc.) thats why they called McDonald's to complain. THEN the real reaction happened and they called 911.

5: It wasn't he "Might" have died it was he ALMOST died. Get it right people.

6:People say this case is stupide look at the one in the UK that that one guy linked earlier. But I'll link it again anyway.

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/03/wtrousers03.xml

And sueing 10 million for almost dieing is stupid (sarcasm).

Beaudoin
2007-08-11, 12:28 PM
Someone asked for the Fat Case. I think that is it. Not entirely unreasonable to tell the truth.

Again, the case goes much, much deeper than people assume. The argument wasn't "McDonalds made me fat!", it was "McDonalds promised to lower the amount of Trans-Fats they use, but didn't." The plaintiffs weren't some crazy, lone citizens, but a dedicated group with an agenda (which you may or may not agree with). And most importantly, a vast majority of the money didn't go to the plaintiffs, but to the American Heart Association. $7,500 each went to the group and a plaintiff with a similar case (who promised to donate it to charity).


Why can you sue someone for emotional distress?

Mostly to deal with situations where, say, a radically unsafe product or procedure put a loved one in a situation where they need substantial life support. Or to help prevent situations such as the "Ford Pinto memo". In the 70's, Ford Motor Co. was accused of refusing to fix a known design flaw (the position of the gas tank could cause it to be ruptured during a rear-end collision), because they calculated that the cost of recalling the vehicle would be more than settling the lawsuits that would arise from these low-chance circumstances. Ford was acquitted of criminal charges, but the civil cases still cost them millions of dollars in compensatory and punitive damages (and, one would think, business, as no one would want to buy a car that its designers supposedly knew was unsafe).

Thes Hunter
2007-08-11, 12:45 PM
I wasn't debating it, just simply trying to figure out how in the blazes coffee gets that hot in the first place. I mean, think about it. Very hot, freshly brewed coffee is never more than 150 degrees Fahrenheit because you couldn't drink it if it was. The whole thing is silly anyway. I want to see pictures of her burns.

The normal boiling point of water in Fahrenheit is 212 F. Coffee being a colloid mixture of both solute and water, has boiling point elevation, so it could have a boiling point higher than that . Given this physically coffee can be hotter that 150 degrees F.

From what I remember reading about the case, McDonalds coffee had been cited several times prior to this as being way too hot for human consumption, but yet the company failed to act. So like I said, from what I remember, that seemed to be more of the basis of the case.

purple gelatinous cube o' Doom
2007-08-11, 02:02 PM
2: It seems's this happened at night so checking in there or in the movie wouldn't help much.

3:Alot of people are saying it was cheese residue. That makes sense since usually the employee's just pre-make them with cheese and someone just pulled it off.

One, you have a light in your car for a reason, use it. Two, Mcdonalds stopped premaking their sandwiches a long time ago. My boss gets a quarter pounder without cheese all the time since he can't eat cheese, and there's never any cheese residue on the sandwich.

The more I think about it, the more fishy the situation seems. I mean why would anyone order food, then drive 40 miles without eating it. Things just don't seem to add up quite right. I'm still convinced that if he was that allergic to cheese, the first thing he would have done after receiving the sandwich would be to pull into a parking space, and check to see if it's right. So if it's not, you can take it inside and have it remade. There is such a thing as human error, mistakes happen, nobody's perfect. Heck, one time I went to Mcdonalds, ordered through the drive-thru, got home and found out my sandwich didn't have any meat in it.

Vonriel
2007-08-11, 02:09 PM
You know what would make this story oh-so-much-better? If it came out that they in fact only ordered one sandwich without cheese, and the two got mixed up because, in the dark, the wrapper looks the same.

Gaelbert
2007-08-11, 02:15 PM
This may sound blunt, but if he did forget to check the sandwich for cheese, and he's deathly allergic to cheese, he won't live for too much longer keeping up like that. In America, almost everything is cross-contaminated with other things. An example I personally have to deal with is soy sauce. American soy sauce has wheat starch in it. Red vines have wheat flour as their main ingredient. I'm not saying its right, but people have to check carefully if they have allergies or other dietary restrictions, and they should be downright paranoid if the allergy is that severe.

Malic
2007-08-11, 02:48 PM
...I'm not saying there's no such thing as Human Error. I'm just stating this isn't Human Stupidity at its finest. Heck this isn't even Human stupidity at a mild level. This is just a mistake. Also I know fo a fact they still premake burgur's from time to time. I got a good look in the kitchen once and saw about 15-16 burgurs on a heating rack.

Also if I had told 5 people to not put cheese on it I wouldn't expect human error all that much. Plus where does it say he drove 40 mile's. I'm gonna re-read it real quick. I didn't find a mention of how far he traveled after he got his food in the article. Where'd you get the 40 mile number from anyway's?

Jibar
2007-08-11, 02:51 PM
Also if I had told 5 people to not put cheese on it I wouldn't expect human error all that much.

Yet when it can apparantly kill you, are you going to leave it up to chance?

Huh. I just imagined Schrodinger's Burger. Until you check, there may or may not be cheese.

bluish_wolf
2007-08-11, 02:57 PM
I wasn't debating it, just simply trying to figure out how in the blazes coffee gets that hot in the first place. I mean, think about it. Very hot, freshly brewed coffee is never more than 150 degrees Fahrenheit because you couldn't drink it if it was. The whole thing is silly anyway. I want to see pictures of her burns.

Which is why they sued. Since it was being served at a temperature way to hot to drink, anyway.

Malic
2007-08-11, 02:57 PM
Who know's he might have been thinking about the movie. And if I remember correctly he didn't know it could kill him he just knew he was allergic.

PlatinumJester
2007-08-11, 02:58 PM
The new World motto: We sue people because nothing heals quite like money. Stop suing people for stupid reasons :smallmad:

Dragonrider
2007-08-11, 03:01 PM
yeah, whether or not the guy is stupid isn't really the point. The point is that he's suing and that makes me not like him. :smallannoyed:

purple gelatinous cube o' Doom
2007-08-11, 03:11 PM
Where'd you get the 40 mile number from anyway's?

I Mapquested Star City (just outside of Morgantown) to Clarksburg WV (Which is the closest Clarksburg to Morgantown by almost 3 hours)

Malic
2007-08-11, 03:16 PM
The new American motto: We sue people because nothing heals quite like money. Stop suing people for stupid reasons :smallmad:

What about that guy in UK thats sueing a couple 67 mil for losing 2 pairs of pants. Here's the link http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/03/wtrousers03.xml

Why do you dislike people who sue. Half the time there not as bad as the corpiration who's getting sued. Albet sometime's the reasons are dumb but I have a freind who's family is sueing the oil company because not only did my freinds dad die in a fire on there boat. He wasn't awakened by the alarm because it was faulty. So do you dislike them to.

Ok I won't check it out but I doubt you would lie. Seems odd but you know they we're planing on going to the movie.

Em Blackleaf
2007-08-11, 03:30 PM
McDonald's could have just made it without cheese, taking the order seriously.
The guy could have checked his sandwich before he entered the dark room if he was that worried about it.
It was a stupid reason to sue.
This reminds me of this one time, I went there and ordered a cheeseburger, and clearly asked for no mustard. I got the burger, and there was extra mustard. :smallannoyed:

Malic
2007-08-11, 03:40 PM
McDonald's could have just made it without cheese, taking the order seriously.
The guy could have checked his sandwich before he entered the dark room if he was that worried about it.
It was a stupid reason to sue.
This reminds me of this one time, I went there and ordered a cheeseburger, and clearly asked for no mustard. I got the burger, and there was extra mustard. :smallannoyed:

Once again he didn't know he was THAT allergic to it. Also he was going to a movie. Who thinks about things when they're in a movie theatre. Also you think almost getting killed is stupid? How about this:

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/03/wtrousers03.xml

This prove's that the WORLD is degenerating. Not just Amarica.

Jibar
2007-08-11, 03:44 PM
First, triple post. Good work sorting that out.
Second, please stop linking to that same news article again and again. If we wanted to mention it, we would have.
Third, . Just stick your url next to the equals and type some text inbetween, and, voila you got yourself a nifty and nice looking link.

PlatinumJester
2007-08-11, 03:45 PM
Triple Post

That took place in America. It just uses pounds because it's British. But you're right when you say that it's not just America that sues. My neighbour is sueing a builder for dropping a brick on his Skoda even though they paid for damage. Crazy old World innit.

Dammit it quoted triple post.

Malic
2007-08-11, 03:47 PM
1: Got rid of them.
2: I was mentioning it to the other girl.
3:Thanks :smallsmile:

Vonriel
2007-08-11, 04:27 PM
Once again he didn't know he was THAT allergic to it. Also he was going to a movie.

Please, enlighten me as to how someone who has lived 20+ years could get by without knowing just how allergic his reaction to cheese (arguably the most common sandwich/burger topping) is? And he was going back to his mom's house to watch a movie, he didn't go to a movie theater.


He told a worker through the ordering speaker and then two workers face-to-face at the pay and pick-up windows that he couldn't eat cheese, Houston said.

"By my count, he took at least five independent steps to make sure that thing had no cheese on it,"
First off, unless I'm misunderstanding the first quoted paragraph, he only took three steps. Second, why bother telling the people at the pay and pickup windows? What, do you expect them to open your burger right in front of you to check to make sure that it doesn't have cheese on it? The only people who could've made a difference were those who made it. Folks, this is greed, pure and simple. The guy was careless, had an allergic reaction, and is now trying to cash in on it to make his and his mother's life easier. :smallannoyed:

Nomrom
2007-08-11, 04:44 PM
Why do you dislike people who sue. Half the time there not as bad as the corpiration who's getting sued. Albet sometime's the reasons are dumb but I have a freind who's family is sueing the oil company because not only did my freinds dad die in a fire on there boat. He wasn't awakened by the alarm because it was faulty. So do you dislike them to.

That depends in one thing. How much are they suing for? I they're suing for some obscene amount of money, then I would get annoyed by that. Did the company mean for him to die. No. things break, you can't catch everything. Does his family deserve recompense? Yeah, but how much should they get? There should definitely be caps on how much people sue for. I know nothing makes up for the loss, but mistakes happen and only so much can be recompensed.
For the McDonalds guy, he should realize that orders are never made correctly. I order fast food, and never really expect to get exactly what I ordered. If it's such a big deal that it might kill him, he should make sure to check it first. Heck, I check my burgers and I'm not even allergic to anything. I just need to no if some pickles need to be taken off. Also, why did they not take him to the hospital when it started. If they hadn't waited around to call the company he might not have come so close to dying.

LotharBot
2007-08-11, 05:11 PM
I remember in my class we looked at a case of a girl who was allergic to peanuts. She had the reaction after kissing her boyfriend on the lips. Her boyfriend just before coming to meet her had had an asian salad with noodles that had been cooked in peanut oil. Her mouth, face and throat swelled, along with the other symptoms of anaphylaxis, low blood pressure, heart arrhythmias etc.

That was big news... a girl died after being kissed by her boyfriend, who'd just eaten a peanut snack.

Turns out that wasn't the cause of death (http://www.msnbc.msn.com/id/11659935), though. (Might have been in some other case, just not in the one that got all the publicity.)

We need to be careful... the media plays up sensational stories like "woman sues McDonalds for getting burned", but doesn't do a great job following up when it turns out McDonalds really WAS at fault (http://en.wikipedia.org/wiki/McDonald's_coffee_case). So, when someone brings up a court or medical case to prove a point, you should take the 30 seconds to run it through google and see if anything interesting comes up.

FoE
2007-08-12, 12:37 AM
In debating this case, we should consider something: what if this kid actually HAD died, and it was his bereaved family suing McDonalds?

Granted, this guy was an idiot. Hell, I check my McDonalds burgers for God knows what, and I don't have any allergies. He deserves a bit of blame for this.

That said, if he had died, this argument might take on a whole different slant. Yay to personal responsibility and all, but some employee's negligence still killed this poor f*****r.

Malic
2007-08-12, 01:11 AM
[QUOTE=It's not the same with that trouser guy suing the laundromat. That judge should laugh him out of court.[/QUOTE]

Actually the way he has it going it's perfectly legal.

Also they don't know yet but I think the company should be sued a good bit. It was the companies fault fo rhis death because by ignoring saftly regulations they made a quick buck by getting a cheaper system. They were saving money by putting employee's like him at a much higher risk.

Also half the time the money isn't all that obscene. 10 million dollors may seem like alot to us but to a major corpation like McDonalds it's about 3 and 1/2 days of Coffee sale's alone at the time of the burn incident. To McDonalds it's like pocket change. Obscene amount's of money is what happens with a Capitalistic. If you don't like it that much move to a Communist country.

Extra_Crispy
2007-08-12, 01:49 AM
I am kinda mixed on this case. I believe that if he told them that many times no cheese and there was cheese then he does have a case for some compensation. Not 10 mill worth but some. But I also agree with the fact that he should have checked very carefully before he left the McD's, in this way it was some his own falt.

I relate it some to my own accident. I hit an electrical pole backwards. My fault I lost control of the car, my fault I was going a little fast (5 mph over the speed limit), my fault that I hit the pole. The pole did not fall, as a matter of fact it was in good enough shape that is was still being used years later. ALL 3 power lines fell off their holders. One fell all the way to the ground and ignited the gas from the crushed gas tank so when I got of the the burning car I was electricuted also. Their fault for not keeping 40+ year old holders up to standard. NO proof that they holders were ever changed or even inspected in the 40+ years the pole was up.

I lost that lawsuit. The main lawyer for the electric company did not even show up for the judgment, he left his assisstant to hear it. I saw the assistants jaw drop in disbelief when he heard that judgement for them. My lawyers proposed that they would not appeal if the electric company's lawyers would not try to come after me for lawyers fees. The proposal was signed within the day and returned to my lawyers. They were very happy to sign it. I was left with 3rd degree burns over 40+% and overall burns of close to 70%.

Yes this was partially my fault, but they were negligent in not inspecting that pole, something that holds a very dangerous item. I almost died also, very very close to dieing more than once. Medical bills were over a million. (good thing my father was in the military and they payed for it) We were only sueing for 3 mill.

So yes I believe both McD's is responsible and so is the kid sueing (he should have checked). So McD's should pay some, a lot less they what is being sued for but some.

tannish2
2007-08-12, 02:33 AM
It actually did cause third degree burns, though. That part isn't up for debate.

millions of dollars... i can see a doctor saying "ya... those burns are third degree... for 20 thousand dollars"

and as a lifelong victim of the american legal system, i can honestly say its perfect, and that opposite day did NOT start 45 seconds before this edit

also, i know someone whos allergic to just about everything... that person DOESNT EAT FAST FOOD because theres always some sort of cross contamination of SOMETHING that their allergic to... but perhaps the workers just didnt realize that touching cheese for something else, THEN preparing the burger would be potentially lethal it sure wouldnt occur to me, and at mcdonalds the cash registers use pictures instead of numbers letters and symbols.... do they really expect things like that to occur to people who cant even read? or whos brains have been melted away by continued contact with those who are at least age 16 and have either a decent GPA in HS or have passed it and CANT READ? but its MCDONALDS he should have known that its unhealthy and going to kill him, even if it has nothing to do with his allergy (IMO its only food before 10 AM after that i regard it the same way i would used needles biological waste or plutonium) and really... i have told people at fast food places things as many as 10 times, they still get it wrong

o and there IS real news, its just that its either classified by count vice president dra cheny OR most journalists are either not ambitios enough or too far pussified, or arrested... but ill stop before i get too political

on the subject of schrodingers burger/taco/burrito/sandwich... i think you may be onto somehting here, until you check the contents of the sandwich dont exist, so knowing the result would be impossible therefore cheese being on the burger was in a state of possible existance, and the cheese, whos possible existence contaminated the burger, regardless of its actual existence because during the what im going to call "gray existence", being time before the result was observed its possibility touched the definite parts of the burger, or with all that string theory stuff and 11 theoretical dimensions of space-time it would be entirely possible for cheese to exist in a theoretical 5-11th dimension and ok im going to stop typing this now because their lawyer might read this and use it

yes, greed is a problem and yes there are good lawsuits out there, robber barons are re-emerging and entering a new golden age, but they can usually afford bigger bribes and better lawyers. the few people who are in the right when they sue get screwed, i know a few people who this has happened to, one who got shot trying to save someone(the one cop who i have any respect for) and didnt receive workers comp for several years, and didnt have a chance in hell in a lawsuit, meanwhile someone can sue over a pair of pants, but nothing is done over an attempted murder with blood on the knife and a hole cut by that same knife... with the same blood on it

and my dads an english teacher... ive seen some of the essays he brings home to grade... some i laugh my ass off for a few minutes, then consider the ramifications of these people driving cars, voting and having the rights of a human... and i go into the fetal position and cry for a few hours, some are so stupid i have trouble beleiving them, i get told to "be more normal" by people who can neither define how i was abnormal (not difficult) and on one occasion decided to turn a playgrounds sandpit into a mudpit, for no reason other than boredom (after deciding that they could only get the bucket they were using about a 10th full in the drinking fountain they decided they would urinate in it, then drag it about 100 feet to the sand, sloshing all the way... it was funny as hell to listen to this discussion, but again, after realizing that these people would eventually be voting i almost crapped myself out of fear)

if he wins ill say goodbye to the house i love, and read up on new zealand, canadian and maybe mooninite(just to make sure in case of WW3/4/5/6/+) immigration policy

FoE
2007-08-12, 02:45 AM
as a lifelong victim of the american legal system, i can honestly say its perfect, and that opposite day didnt start 45 seconds before this edit

You say opposite day did not begin before this edit, and the legal system is perfect. But why are you referring to yourself as a victim in a seemingly sarcastic way? Do you mean opposite day has begun, and you are only following the rules of opposite day by saying it is not opposite day, and that the legal system is NOT perfect? But if it was opposite day, would that not also mean you are NOT a victim of the legal system? And if it is truly NOT opposite day, then why say you are a victim of the legal system, which would imply that you have problems with it, and then say the legal system is perfect?

But if everything you say is a lie, then how can you say you are lying, because would that not be the truth? And how can you tell the truth if everything you say is a lie?

ILLOGICAL ILLOGICAL PLEASE EXPLAIN ONLY HUMANS CAN EXPLAIN THEIR ACTIONS PLEASE EXPLAIN

(Face of Evil's robot head begins to smoke, and he promptly shuts down)

tannish2
2007-08-12, 03:26 AM
between that part and the "legal system is perfect part" and opposite day part i read more of this thread, and for me opposite day occurs in 57 second incremints randomly decided by numbers i think are good for it. seemed funner that way

sapphail
2007-08-12, 07:37 AM
Once again he didn't know he was THAT allergic to it. Also he was going to a movie. Who thinks about things when they're in a movie theatre.

How do you not know you're "THAT allergic to it"?! The guy's never eaten cheese up until that night? As for not thinking about things in a cinema, if you've got a severe allergy you don't just 'not think about it'. I have a friend who is allergic - badly allergic - to additives and preservatives. She doesn't eat fast food (as a preventative action), carries medication in case her allergies do go off, and is careful about what she puts in her mouth. She's never 'forgotten' that she's got an allergy! Nor has she sued anyone for her (often severe) reactions. That's called personal responsibility.


Also you think almost getting killed is stupid?

It is if you don't take sufficient precautions in the first place. Fast food joints aren't known for high standards or a well-trained and diligent workforce. I work with food (a restaurant) and any allergy notifications are taken very seriously; that said, I wouldn't trust a 15 year old on minimum wage with my life. If you're that allergic, check the damn burger.

Edit: Also, there were three of them in the car, two burgers without cheese were ordered. What about the third one? It could well have been his friend's, since he DIDN'T CHECK IT properly!

tannish2
2007-08-12, 07:48 AM
exactly, people who are too stupid to check their damn burger with those kinds of allergies... and if he had died, the world would have been a better place, at least for me... because there would be another good darwin award. if he has those types of allergies and still cant check his burger, then perhaps its called EVOLUTION, i dont have any severe allergies, just a highly opinionated tounge, so i check everything i get at fast food places... and when i dont im always severely dissapointed, because they added mustard and egg to my fries. if hes NOT stupid then hes just a greedy bastard because this all sounds like the perfect setup, either way, dieing wouldve been better (@least4me) would be either a funny darwin award to read about, or another greedy bastard no longer being greedy, preferred type of death to read about is kitten weilding panda attack

Miklus
2007-08-12, 08:25 AM
I smell a get-rich quick scheme.

Seconed! They might be hoping that McDonalds makes a risk-assesment and finds that they are 99% likely to win, but 1% likely to loose. 1% of $10,000,000 is $100,000 so maybe McDonalds would settle for $10,000 out of court?

Also, I find it hard to belive that anyone could be THAT allergic to cheese. I have heard of people dying of beestings, but cheese?

sapphail
2007-08-12, 09:04 AM
Oh, I'm sure it is possible, we had someone come into the restaurant one night and say they were allergic to seasoning (salt and pepper!), so cheese isn't that far a stretch. A lot of people are allergic to dairy anyway, though I've never heard of a life-threatening case before. Still, idiot.

Eldpollard
2007-08-12, 07:21 PM
Seconed! They might be hoping that McDonalds makes a risk-assesment and finds that they are 99% likely to win, but 1% likely to loose. 1% of $10,000,000 is $100,000 so maybe McDonalds would settle for $10,000 out of court?

Also, I find it hard to belive that anyone could be THAT allergic to cheese. I have heard of people dying of beestings, but cheese?

No people can. Some allergies are horrifically serious, and if he weren't it would come out in court.

Judging by past precedents the plaintiff (to use the American term) would not get 10,000,000.

To me it;s stupid to eat in mcDonalds as it is, but hey, that's me.

KuReshtin
2007-08-13, 02:56 AM
I'm going to chime in with my personal thoughts on this, and a few other points that have already been addresed in the thread, but I'll still go through them again.

First of all, in my opinion, the guy's stupid and the lawsuit to me looks like he's just out to get rich.

Some points on why I think this is the case:

1. Fair enough, he's allergic to cheese, but why order a burger that by definition has cheeseon it.(it's still called a Quarter Pounder WITH CHEESE). Someone earlier in the thread mentioned that it's difficult to see the chese under all the lettuce and other stuff on the burger, however a Quarter Pounder comes with a bun, meat (debatable), cheese (enough to cover at least 90% of the actual burger) and potentially some onions and ketchup. I'm not entirely sure of the last bit, though. There is NO lettuce on a QP unless you specifically ask for it.

2. If he's that allergic to cheese, and I'm sure he was aware that he was that allergic to cheese, checking the burger when he got it, and then double checking it before settling down to eat it would be the only way to make sure that there were no chese on it.

3. Again, if he's that allergic to cheese and want to make sure that the restaurant gets his order right, why not head in to the F"F counter and order the burger instead of going through the driver-through? (Oh, wait, I'm sorry. We're tlking about America here, people can't get out of their cars)

4. Frivolous lawsuits tick me off something fierce. the coffee woman got her claim lowered by a lot when it showed that she actually had stayed in her seat after she had spilled her coffee all over herself instead of getting out of the car and trying to prevent further injury. Also, this bring into mind the guy that tried to sue Nike and Michael Jordan (http://www.armchairgm.com/index.php?title=Jordan_look-alike_sues_real_MJ_and_Nike) for $832M.

5. I believe that it is the responsibility of the person who is allergic to make sure that what he or she is ordering or handling doesn't contain what he or she is allergic to. This means that you check your order after you've got it BEFORE you start eating it. This last bit is because of my next point.

6. Mistakes happen! Even if he made sure to tell the guy taking the order that he didn't want any cheese, that guy doesn't actually make the burger. The guy taking the order might have misheard the order and accidentally punched in that it was with cheese, because that's what the quarter ounder usually comes with, or the guy making the burger only went through the motions and put cheese on it, because the quarter pounders usually come with cheese on them. Maybe the guy who packed the order into the bag grabbed a regular QP instead of the no-cheese one by mistake.


In my personal opinion, with the information we've had from the article listed, I'd probably say that the whole issue would be about 95% the fault of the guy who nearly died. In my opinion.

Surfer99
2007-08-13, 06:36 AM
I'm going to chime in with my personal thoughts on this, and a few other points that have already been addresed in the thread, but I'll still go through them again.

First of all, in my opinion, the guy's stupid and the lawsuit to me looks like he's just out to get rich.

Some points on why I think this is the case:

1. Fair enough, he's allergic to cheese, but why order a burger that by definition has cheeseon it.(it's still called a Quarter Pounder WITH CHEESE). Someone earlier in the thread mentioned that it's difficult to see the chese under all the lettuce and other stuff on the burger, however a Quarter Pounder comes with a bun, meat (debatable), cheese (enough to cover at least 90% of the actual burger) and potentially some onions and ketchup. I'm not entirely sure of the last bit, though. There is NO lettuce on a QP unless you specifically ask for it.

2. If he's that allergic to cheese, and I'm sure he was aware that he was that allergic to cheese, checking the burger when he got it, and then double checking it before settling down to eat it would be the only way to make sure that there were no chese on it.

3. Again, if he's that allergic to cheese and want to make sure that the restaurant gets his order right, why not head in to the F"F counter and order the burger instead of going through the driver-through? (Oh, wait, I'm sorry. We're tlking about America here, people can't get out of their cars)

4. Frivolous lawsuits tick me off something fierce. the coffee woman got her claim lowered by a lot when it showed that she actually had stayed in her seat after she had spilled her coffee all over herself instead of getting out of the car and trying to prevent further injury. Also, this bring into mind the guy that tried to sue Nike and Michael Jordan (http://www.armchairgm.com/index.php?title=Jordan_look-alike_sues_real_MJ_and_Nike) for $832M.

5. I believe that it is the responsibility of the person who is allergic to make sure that what he or she is ordering or handling doesn't contain what he or she is allergic to. This means that you check your order after you've got it BEFORE you start eating it. This last bit is because of my next point.

6. Mistakes happen! Even if he made sure to tell the guy taking the order that he didn't want any cheese, that guy doesn't actually make the burger. The guy taking the order might have misheard the order and accidentally punched in that it was with cheese, because that's what the quarter ounder usually comes with, or the guy making the burger only went through the motions and put cheese on it, because the quarter pounders usually come with cheese on them. Maybe the guy who packed the order into the bag grabbed a regular QP instead of the no-cheese one by mistake.


In my personal opinion, with the information we've had from the article listed, I'd probably say that the whole issue would be about 95% the fault of the guy who nearly died. In my opinion.


Well said. a 100% agree

(edit: to long for a quote )

Thes Hunter
2007-08-13, 08:46 AM
That was big news... a girl died after being kissed by her boyfriend, who'd just eaten a peanut snack.

Turns out that wasn't the cause of death (http://www.msnbc.msn.com/id/11659935), though. (Might have been in some other case, just not in the one that got all the publicity.)

We need to be careful... the media plays up sensational stories like "woman sues McDonalds for getting burned", but doesn't do a great job following up when it turns out McDonalds really WAS at fault (http://en.wikipedia.org/wiki/McDonald's_coffee_case). So, when someone brings up a court or medical case to prove a point, you should take the 30 seconds to run it through google and see if anything interesting comes up.


The doctor who presented the case example I gave about the girl having an anaphylactic incident after kissing her boyfriend who had eaten an asian salad gave the impression that these were cases he had been involved in. Also given that this was my biochemistry class that I shared with the medical students, I doubt my university would wish to impart faulty information onto their future doctors. So the Canadian peanut butter kiss one may not have been from anaphylaxis, but I do have reason to believe that that sort of reaction can occur.



And to the people saying that he had to know how allergic he was... anaphylactic reactions (These life threatening ones) can bloom suddenly from normal allergic reactions.

Cyrano
2007-08-13, 11:21 AM
That last one's a good point, Thes, but if the man DIDN'T have a deadly reaction to cheese beforehand, how on earth is that McDee's fault? That's a perpetrator-less crime! (Less catchy than victim-less, I must say.)

Argent
2007-08-13, 12:06 PM
Seconed! They might be hoping that McDonalds makes a risk-assesment and finds that they are 99% likely to win, but 1% likely to loose. 1% of $10,000,000 is $100,000 so maybe McDonalds would settle for $10,000 out of court?

Yup. They'll do a cost/benefit analysis and see what they'd be likely to lose in a lawsuit (between damages and lawyer/court costs) and offer a percentage of that amount.

The amount of the lawsuit almost doesn't matter here -- he could sue for a million, ten million or a hundred million, and the result will be exactly the same (he'd get the same amount in a settlement no matter what he actually sues for). I'd bet that dollar amount was chosen just to make a point and to raise the visibility of the issue, rather than being the target amount he thinks he'd get.

(And in my opinion, there's shared liability here; the guy should have done a more thorough quality check of what he's putting in his mouth, but there was an error on McDonald's part. Paying for his medical bills plus a little on the side for the trouble would be more than fair.)

TSGames
2007-08-13, 12:21 PM
http://www.dailymail.com/story/News/2007081043/Man-says-hold-the-cheese-claims-McDonalds-didnt-sues-for-10-million/

After reading this story, I was absolutely infuriated and disgusted. I just can't stand people like this. One, people make mistakes, and this kind of stuff happens, and if you're not smart enough to look at your sandwich to see if your order was correct, then you deserve what happens to you. Two, the fact that people resort to lawsuits again a company for you being an idiot in the first place really ticks me off. In a way, this is really sad because it truly shows the mindset of many Americans, and what our society is devolving into.

I too am disgusted.

[Insert Neat Username Here]
2007-08-13, 03:21 PM
Let me furst state that I have deadly peanut allergy, so I know what I'm talking about when I say that this guy is either a complete idiot or a complete idiot with a get-rich-quick scheme.

1: He really ought to check what he's eating before he eats it. I once asked three people on an airline for a peanut-free flight, and was given a bag of peanuts anyway. Did I eat them? NO. Did I sue the airline for attempted murder? NO. This is almost the same story, only with less stupidity involved.

2: In my experience, it takes longer than the time period described to notice an allergic reaction. He probably would have gotten past his first bite, unless he noticed the cheese.

3: The description that he "was moments from death" really annoys me. If he had epipen (http://en.wikipedia.org/wiki/EpiPen) or similar device with him, he would have had around 15 minutes to reach medical attention -- plenty of time. It is also common for allergy sufferers to carry two doses, allowing 30 minutes. I seriously doubt it took him this long to reach medical attention.

4: Even if the lawsuit doesn't exaggerate and he was not simply stupid or greedy at the time, McDonald's should be obligated to pay his hospital bills, and maybe a bit more. $10,000,000 is just ridiculous.

In summary::furious:

PlatinumJester
2007-08-13, 03:33 PM
I agree. The guy just seems to be a whiny little bitch who just wants attention and a large sum of money on the side just to top it off. I hope he loses his case so that Mcdonalds can make him pay their legal fees.

Hoggy
2007-08-13, 06:10 PM
If it helps...

http://img143.imageshack.us/img143/465/ohnoeztrappedzp3.png

Dragonrider
2007-08-13, 07:04 PM
Yeah, he just seems unnecessarily whiny and self-focused. That kind of person gets under my skin.

nagora
2007-08-13, 07:32 PM
And that bit from a while back about the lady getting 3 million from spilling coffee on herself and getting "third degree burns?" Coffee hot enough to cause a third degree burn would burn through a paper or styrofoam cup long before it even had the chance of getting spilled on anyone. I work around a fryer, and when I spill the 450 degree grease on myself by accident, sure, it hurts, a LOT, but it never, ever breaks the skin. That's just silly that coffee would ever get hotter than that and get into the hands of a clumsy woman.
[/rant]

If you look up where on her anatomy this old woman was burned you will see why she was unable to quickly move away or get rid of the coffee. 3rd degree burns are simply burns which cause nerve damage, and prolonged exposure to very hot liquids will do that just as well as fire.

Malic
2007-08-13, 07:56 PM
About the whole how can he not know he was THAT allergic to cheese thing is annyoing. He tried cheese once maybe trice and had a regular reaction to it. Bloating, gas, upset stomach, etc. So he doesn't eat it anymore. He does on accident later and has a bad reaction. Two way's for this to happen likely.

1. The allergy didn't go away but got worse over the year's. By age or purhaps it just got worse.
2. It was random(like most allergic reactions) to what level the allergy would effect him and he was lucky the first 1 or 2 time's.

Allergies arn't all black and white.

And if being allergic to cheese is weird then my old Science teacher was a freak of nature because she was allergic to the sun. More speciffically sun rays would make here skin blotchy red. Not a sunburn because she would bloat some aswell.

Setra
2007-08-13, 11:27 PM
My personal thoughts on the subject...

Step 1: Have Allergy to Cheese
Step 2: Order Cheese Burger
Step 3: Lie your ass off
Step 4: Sue
Step 5: ???
Step 6: Profit

Gaelbert
2007-08-14, 01:39 AM
My personal thoughts on the subject...

Step 1: Have Allergy to Cheese
Step 2: Order Cheese Burger
Step 3: Lie your ass off
Step 4: Sue
Step 5: ???
Step 6: Profit

Umm... you don't need a question mark for step 5. In fact, you don't need step 5. I read somewhere about a person who broke into another persons house, tripped on a carpet, broke a body part, sued, and won. I also read a story about a criminal who saw alcohol in a store window and wanted to steal it. So, he picked up a rock and chucked it at the window. The window was made of plexiglass. The rock bounced off the window and hit the guy in the head, knocking him out.

Leliel
2007-08-14, 08:08 AM
Its called a get-rich-quick scheme, which is not stupid by definition. It may be poorly preformed, but the idea itself is not stupid.

Supagoof
2007-08-16, 02:36 AM
Oooh, just thinking quickly here of some other get rich quick schemes here. I'm just waiting for someone to actually take the fools ridicule to take them on. I mean, we call them idiots, but are they really the stupid ones if they got pAId? Feel free to give me a percentage of your winnings if you do in fact win for my ideas....

If your diabetic (like me) then sue any company that has mistakenly given you a regular soda when you specifically ordered a diet soda - thus putting you at risk for many disabling health conditions. (I've thought about this many times, but can't bring myself to be so foolish to think it would win.)

Sue a knife company for not having a warning on the sharp knife for when you accidentally cut yourself. Snowblowers have warnings to stay away from the blades while they are in use, so why not Knife companies? :smallconfused:

Sue a T.V. maker like Sony or Magnavox for obesity based on the fact that you are addicted to watching television and therefore can't get up to exercise. Or for that matter sue [insert company here] for any product that has a similar addictions (windows for making your pc work thereby giving you access to the internet which you are addicted too, your pc manufacturer, any website your are addicted to posting at - Except Giantitp.com because the rest of us will be mad at you for taking up Rich's time in a lawsuit and therefore not letting him have time to create us new comics which we all love. And because here is the source of your inspiration for said lawsuits...)

Sue a gasoline company for failure to inform you of toxic fumes you may inhale while filling up your car with gas at the pump. (Hey, we know they have the money....:smallwink: )

Start using mail ordered prescription service - then sure the post office when your prescription doesn't reach you on time or sue the prescription service for not sending it to you on time - or sue both and see how much you can get.:smallbiggrin:

This one may cost you your job, but sue your work for not providing a stress free work environment - thus leading to possible health conditions such as high blood pressure and heartburn. Better yet, here's an article I've found to help prove you have high stress work conditions....
http://i59.photobucket.com/albums/g284/supagoof/idiotkills.jpg

Sue the government of China for allowing poorly made hazardous products to be exported out of there country. (Google MATTEL TOY RECALL for news about this one if you haven't heard.)

Please send me a PM and I'll arrange a method for you to send me some of the money if you do try and win using one of these methods.:smallamused: Can I suggest 10% of your winnings? :smallsmile:

Burgo McSock
2007-08-16, 03:24 AM
If someone tried to do this here in Australia they would most likely get the case dismissed on wasting the court's time. In fact there is an added incentive not to sue here in that he could be made to pay the legal fees of the accused. He should have taken the $700 for the medical bills and let it pass. Seriously people are getting extremely greedy these days.

Paragon Badger
2007-08-16, 03:35 AM
You think this is bad?

A guy gets into a car accident. A passerby stops by and whips out her first-aid kit. She patches him up with what she has until the police/ambulance can arrive.

He sued her for a few million because she was practicing medicine without a license. No, she didn't do anything to particularly injure him further or anything.

:smallannoyed:

PlatinumJester
2007-08-16, 01:27 PM
A guy in hospital sued because when they used the zappers to revive him to life he got burnt. ****ing ingrate.

On a lighter note:
http://www.youtube.com/watch?v=eu-6IppcvRo