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Our Legal System ? ((((( Ot))))


Kip Powick

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Define "TOO HOT" Coffee by definition is HOT. When I boil water to make coffee or teat that water is 100 Degrees Celcius, it can never get any hotter than that, its physics. (Yes I know there are conditions but they do not apply here). I, as an educated individual know (and I didnt need school for this) that coffee is hot and as such is dangerous to handle. It is something that people learn at a young age. The establishment is selling HOT COFFEE to customers so some common sense has to prevail. if its hot then perhaps I should be careful and maybe use a cup holder. No cup holder then perhaps I shouldn't be drinking in the car. Where dso I put my drink if the phone rings?????

While the coffee may have been deemed to be "too hot" where is the standard that says waht is too hot? ther is a chart that tells what specific temperatures will do to the skin but what temperature SHOULD coffee be?

So I go to McDonalds and get a Milkshake. I drive away from the drive thru and head into traffic and WHAM.....Brain Freeze.... I lose control of the car and Crash, Paralysed from the neck down and will never walk again. Can I sue McDonalds for that because the Milk Shake was "Too Cold"?

At what point do we draw the line between accepting the consequences of our actions and blaming others?

How about when a criminal Braks into your house and falls down the stairs and breaks his leg. Sues the home owner anad WINS. WTF is that?

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"How about when a criminal Braks into your house and falls down the stairs and breaks his leg. Sues the home owner anad WINS. WTF is that?"

It's a funny thing, but at my house criminals never seem to break a leg when they fall, it's always their neck?

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In civil court (where these issues are adjudicated), the burden of proof goes to a balance of probabilities, and the test is "what is reasonable". If are selling coffee at 180 degrees F, while all of your competitors sell it at 140 degrees, and the probability of injuries is higher with your product that it is with the competitions', you have a problem. When you have past knowledge of the problem from hundreds of reported cases and there's a simple and well known fix for it, you have a BIG problem.

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Define "TOO HOT" Coffee by definition is HOT. When I boil water to make coffee or teat that water is 100 Degrees Celcius, it can never get any hotter than that, its physics. (Yes I know there are conditions but they do not apply here).

Hi, Boestar - It's a long time for me since Physics class, but you might recall the phenomenon of latent heat, & if that's the "conditions" to which you refer, I think they may apply here. IIRC, it's what makes O°C and 100°C so special for water, and much more likely to cause thermal damage on humans, due to the change of state, not change of temperature of the water.

So I go to McDonalds and get a Milkshake ....
In civil court (where these issues are adjudicated), the burden of proof goes to a balance of probabilities, and the test is "what is reasonable".

Exactly: Reasonability. If you're doing something thousands of times a day, that can lead to someone else's serious injury (gasp! ...perhaps even due to a momentary carelessness ...), and fail to take reasonable steps to reduce the risk of that predictable outcome, you'll probably be invited to court ...

Cheers, IFG :b:

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  • 2 weeks later...

Off the coffee train for a moment.................. :biggrin1:

There has been a conclusion of a pretty simple trial concerning a case of murder that happened pretty close to "Dotland",

Based on testimony and the Press contributrions, as well as admissions by the defendant and insurmountable evidence, it looks like it is a "fait a complete" and will be up to the jury to find the verdict,

Possibley a verdict of 1st Degree, 2nd degree, or very unlikely manslaughter.

What I don't understand is that the judge took four, (4), hours to charge the jury.

Why would a judge have to address the jury for 4 hours?? Think about it....one guy sitting on the "bench lecturing the jury for 4 hours !!!!????

Does he get paid by the hour? Jeeeze :glare:

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Why would a judge have to address the jury for 4 hours??

Because:

1. Juries are stupid

2. Juries are a sacred cornerstone of the legal system

3. To overturn a jury decision the appeal can only overturn based upon an incomplete or wrong charge to the jury

4. Juries are stupid

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Reading these remarks enables me to better appreciate how frustrating it must be as a pilot to read newspaper accounts explaining an "incident".

Even the literate and well-intentioned have few clues when it comes to matters outside of their knowledge and experience though that fact does not act as a restraint upon the expression of opinion.

Juries receive very lengthy instructions not because "they're stupid" (which, by the way, is offensive) but because the instructions must satisfy certain requirements mandated by Appellate courts over a period of years embodied in various decisions and reduced to "jury instructions" boilerplate.

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