Module 3 Assignment: Negligence or Strict Liability
Question: Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a Styrofoam cup at the drive-through window of a local McDonalds. After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap. Stella Lieback sued McDonalds for coffee being too hot. Assignment Instructions Discuss whether Ms. Liebeck has a negligence or strict liability claim against McDonalds. Please be sure to thoroughly analyze both torts in your answer. Requirements The length of your response is conditional on the question. Answer fully, but concisely. Your submissions should be submitted via the assignment dropbox in .doc or .docx format, using 12 pt type and double spacing. Late submissions will not be accepted. For this course, unless otherwise noted by the instructor, submitting work late will be permitted only under qualifying circumstances and only with prior notification and supporting documentation (original funeral notice, original doctor’s note, etc.). Computer and Internet connectivity problems are not valid reasons for late work. It is the student's responsibility to be technologically prepared to take an online course.
Stella Liebeck, a seventy-nine-year-old woman, was riding in the parked vehicle of her grandson after purchasing a cup of coffee in a McDonalds drive-through in Albuquerque, New Mexico in February 1992. During the process of putting in cream and sugar, the coffee spilled into her lap and she was severely burned. Liebeck sued McDonalds claiming that the behavior of the organization rendered the coffee unsafe since it was too hot. The question raised in this case is that whether Ms. Liebeck has a negligence or strict liability claim against McDonalds.
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