If they applied the same type of legal thinking in the home (with banks, builders, rental agencies, etc.), the home would resemble an insane asylum room that is padded on all four walls and you are in a strait jacket, and being hand-fed daily. That would be the only way that the banks and home builders and finance agencies and rental agencies could avoid the "like kind of lawsuit" as is exemplified by this stupid coffee lawsuit...
Ah, you think you're making a ridiculous statement. But actually...
If somebody slips on ice on your driveway, they can sue you and will probably win. (Not the banks... you. It is your duty to keep your driveway free of ice.)
If somebody burns themselves on coffee that you serve them in your home, they can sue you. (It is your duty to make sure that the foodstuffs you are serving are fit for consumption. Just like it's McDonald's responsibility to make sure that the coffee they serve is fit for consumption.)
If somebody survives being shot while they are breaking into your house to rob you, they can sue you. (You may be immune from criminal charges, depending on the jurisdiction, due to self-defence laws, but the civil liability is usually still there.)
So the standard really is the same for McDonalds as it is for your own home.
Yeah, sure... and can circular saws cut off hands and leave you crippled in about one second?? Yep, they can! So, let's all sue the circular saw companies and all the other devices that can cripple and maim and cause havoc with your body... LOL!
Anyone who thinks that all these companies should take care of them for every idiotic thing that they can possibly do is using the same mentality as these idiotic, dumber than dirt windows users who file these same kinds of idiotic class-action lawsuits blaming Apple for their own miserable lives...
If you buy MP3s from Amazon.com and use their downloading utility, files will automatically go into iTunes. Therefore, Amazon.com is clearly able to access the iPod through iTunes.
Case dismissed.
Yes, but not without iTunes. I think the point here is, that the software and the shop is the same.
Obviously you're not aware of the details. Painful burns... try 3rd degree burns.
I am familiar with the case, and my assessment is that it was frivolous.
I am aware that the victim received 3rd degree burns. I realize that the burns required skin grafting and therapy. I am aware that the coffee served to the victim was at least 180*F, and likely as hot as 200*F when she received the cup.
However, unlike the jury, I do not think that only 20% of the blame rests with the victim for driving away with the cup in her lap.
Putting a steaming, near boiling, cup of liquid between your legs while engaging in an activity as inherently turbulent and potentially dangerous as driving exhibits an extreme lack of judgment on the part of the victim. that cannot be, or at least should not have been, ignored.
Ah, you think you're making a ridiculous statement. But actually...
If somebody slips on ice on your driveway, they can sue you and will probably win.
If somebody burns themselves on coffee that you serve them in your home, they can sue you.
If somebody survives being shot while they are breaking into your house to rob you, they can sue you. (You may be immune from criminal charges, depending on the jurisdiction, due to self-defence laws, but the civil liability is usually still there.)
So the standard really is the same for McDonalds as it is in your own home.
That's called "personal responsibility" in that if you are going to "live independently" -- you have to take the personal responsibility of living in your own home and taking care of these kinds of things. You can cut off your hand in a second with a circular saw, you can slice your hand open in the same second with a knife in the kitchen, you can fall down the stairs, no matter how you make the stairs, you can slip and fall on your own sidewalk with ice all over it, and break a leg or an arm, etc., etc. and etc.
And if a person doesn't feel responsible enough to live independently and take care of themselves (or any visitors) then they should shut the house up tight and not let anyone in and fence off their property and keep everyone off it and make sure that no one can traverse any section of their property.
Otherwise, live in the "real world" and take care of yourself and stop all these idiotic "dumber than dirt" lawsuits that are nothing more than moving society into living in a four-walled padded cell in which no one does anything except consume resources and live-for-nothing.
In your own home, you have the option of turning the temperature of your hot water heater down to a reasonable temperature. You're fully aware of the fact that your knife was just sharpened.
But in the McDonald's case, the victim had no warning and no reason to suspect that that the coffee McDonald's was selling at the time, as a matter of corporate policy, came out of the pot approximately 50 degrees Fahrenheit hotter than the coffee that comes out of a domestic coffee machine - temperatures that can cause 3rd degree burns in as few as 2 seconds.
So she wouldn't have sued if it was 50 degrees cooler and she only got 2nd degree burns?
Unfortunately -- if that is happening -- I'm pretty sure I know what's been going on to cause some of that. With the prior group of Macintosh users, they were a pretty self-sufficient group of users, helping each other and figuring out ways to get things done or fixed in a great Apple community. And, now, with the very large "influx" from previous Windows users (who are dumber than dirt with some things) they are amazingly aggravating and idiotic in trying to get normal things taken care of that Macintosh users of old would simply help each other with and slog through those kinds of problems. So, after a person has been on the phone, all day long and weeks on end with such "dumber than dirt" users coming over the from Windows platform, where those "tech guys" want to "keep you dumb" so you can keep paying them money for fixing the idiotic Windows system -- after a while it gets overwhelming for those tech support people dealing with "dumber than dirt".
That's probably the unfortunate truth. It's going to take a while for those dumber than dirt users (those everyday users, not those tech people who get money for fixing things that Mac Users do themselves all the time) to get up to speed and get into the "Macintosh way" of taking care of yourself, independently and with community spirit, working together with one another.
There is still a community of Apple users that help others out. However, seeing as this is a fully modernized UNIX operating system, you will pardon my intolerance to explain UNIX and the many advancements of OS X over OS 9 and prior to an end user without getting paid first.
This is simply a reality. Learning OS X underneath and then trying to quickly tell someone how to solve this won't matter much when they know nothing of UNIX. OS X has made great strides in keeping people from having to learn UNIX, but in the end, you really should learn it.
I have a 1st-gen Nano and have never purchased any iTunes. I've ripped my own CD's. While I don't like the proprietary difference between various audio formats, it's not much different than the VHS vs. Beta thing years ago, or Blu-Ray vs. HD-DVD. Apple is not obligated to work with every format. I don't think the lawsuit stands much of a chance.
But in the McDonald's case, the victim had no warning and no reason to suspect that that the coffee McDonald's was selling at the time, as a matter of corporate policy, came out of the pot approximately 50 degrees Fahrenheit hotter than the coffee that comes out of a domestic coffee machine - temperatures that can cause 3rd degree burns in as few as 2 seconds.
You honestly believe she had no reason to suspect that the coffee was hot? Paper cups don't exactly shield heat very well. She held the cup in her hand for at least 5 seconds while putting in her lap. Once in her lap, the cup was (almost certainly) being held between her legs for a sufficient amount of time to feel the tremendous amount of heat leaving the cup.
It's also very unlikely that this is the first time the 81-year-old victim had purchased coffee from the restaurant. And as most restaurant chains use an industrial percolator that hides sensitive electronics behind panels that are closed during normal operation, meaning that the temperature likely does not change for weeks or months at a time, she'd probably purchased coffee of equal temperature from this restaurant multiple times in the past (note here that the vast majority of coffee is sold during the breakfast rush and that breakfast is documented as the most difficult eating habit to change).
No reason to suspect that the steaming, heat-emitting paper cup contained a liquid that could burn her? Are you suggesting that the victim would have found being burned by a cup of coffee brewed in a home brewer acceptable? That she put the extremely hot cup of liquid between her legs because it presented, what she thought, was an acceptable risk, because, as you say, she thought it must be only hot enough to produce second-degree burns?
Once again, Putting a steaming, near boiling, cup of liquid between your legs while engaging in an activity as inherently turbulent and potentially dangerous as driving exhibits an extreme lack of judgment on the part of the victim. that cannot be, or at least should not have been, ignored by the jury.
Obviously you're not aware of the details. Painful burns... try 3rd degree burns.
Total B.S. put out by trial lawyers in order to justify their frivolous lawsuits. You can't fix or warn stupid. Stupid is as stupid does and should not be rewarded, period. And while we're at it does anyone realize that over 50% of the cost of a step ladder goes for paying lawsuit judgments to stupid people who fall off of them or use them in an inappropriate way. We all pay for stupid people. You think McDonald's didn't pass the costs of that lawsuit on to its customers? Think again.
Natural selection weeds out the stupid ones in nature. They die off. Only stupid humans are rewarded for their stupidity...and mostly only in America.
Yes, but not without iTunes. I think the point here is, that the software and the shop is the same.
iTunes software is free. It works with several different formats and with CDs. You never have to go anywhere near the online iTunes "store" for any of your music. There's no "tie-in" if you're talking about iTunes software -- nothing at all. It works with many standards and you can convert whatever doesn't work (which is only really a couple, one DRM'd and one not, that I can think of).
So, I don't see any "point" here at all with music (of different formats) being loaded onto the iPod, via the software supplied for free by Apple. What's the "point" that causes someone to be "locked-in"??
I'm actually glad this guy is sueing Apple over this. Companies should start focusing on making the customer happy, not keeping the customer tied to their corperation (and I do have to say, Apple's done a very good job of that with its dedicated FanBoi base... funny how Apple recently has been screwing over said fan base over and over.)
But, note to the wise, burn all your downloaded songs to an audio CD (use a CD-RW to save some money!) and re-encode them as a standard format, say MP3 that everyone can read. That's what I've done... but it takes a bit of time, patience, and can make it seem very backwards.
I do believe the man suing has a legitimate point, and glad he's suing to gain court attention to just how many of these computer companies force you into their ways.
Lets all switch to Linux where we can make our own standards and not pay a dime.
I sure hope you're kidding. If you're not, this is too idiotic to even dignify with a response.
Wikipedia defines it as charring, but more reliable sources list charring as only one possible appearance. You're basically saying that it's impossible to get a third degree burn, even from boiling water or steam (which can be even hotter). Call up your doctor and ask him, I'm sure he'd laugh at you if you insist that.
Total B.S. put out by trial lawyers in order to justify their frivolous lawsuits. You can't fix or warn stupid. Stupid is as stupid does and should not be rewarded, period. And while we're at it does anyone realize that over 50% of the cost of a step ladder goes for paying lawsuit judgments to stupid people who fall off of them or use them in an inappropriate way. We all pay for stupid people. You think McDonald's didn't pass the costs of that lawsuit on to its customers? Think again.
Natural selection weeds out the stupid ones in nature. They die off. Only stupid humans are rewarded for their stupidity...and mostly only in America.
They aren't dying off anymore, smart people use protection, so THEY are dying off.
Fact: Microsoft license out their brand of DRM to third parties.
Fact: Apple don't license out their brand of DRM to third parties.
Fact: Apple's DRM works on Macs and Windows
Fract: Microsoft's DRM does not.
If Apple did what the lawsuit suggested, they could then be sued for locking out Mac users.
The fact is that if you want to buy other players, then you should purchase your music where it supports them. Nobody forced you to buy music from the iTunes music store.
Comments
If they applied the same type of legal thinking in the home (with banks, builders, rental agencies, etc.), the home would resemble an insane asylum room that is padded on all four walls and you are in a strait jacket, and being hand-fed daily. That would be the only way that the banks and home builders and finance agencies and rental agencies could avoid the "like kind of lawsuit" as is exemplified by this stupid coffee lawsuit...
Ah, you think you're making a ridiculous statement. But actually...
If somebody slips on ice on your driveway, they can sue you and will probably win. (Not the banks... you. It is your duty to keep your driveway free of ice.)
If somebody burns themselves on coffee that you serve them in your home, they can sue you. (It is your duty to make sure that the foodstuffs you are serving are fit for consumption. Just like it's McDonald's responsibility to make sure that the coffee they serve is fit for consumption.)
If somebody survives being shot while they are breaking into your house to rob you, they can sue you. (You may be immune from criminal charges, depending on the jurisdiction, due to self-defence laws, but the civil liability is usually still there.)
So the standard really is the same for McDonalds as it is for your own home.
People who constantly bring up the McDonald' coffee burns incident need to read this page:
http://www.lectlaw.com/files/cur78.htm
Yeah, sure... and can circular saws cut off hands and leave you crippled in about one second?? Yep, they can! So, let's all sue the circular saw companies and all the other devices that can cripple and maim and cause havoc with your body... LOL!
Anyone who thinks that all these companies should take care of them for every idiotic thing that they can possibly do is using the same mentality as these idiotic, dumber than dirt windows users who file these same kinds of idiotic class-action lawsuits blaming Apple for their own miserable lives...
If you buy MP3s from Amazon.com and use their downloading utility, files will automatically go into iTunes. Therefore, Amazon.com is clearly able to access the iPod through iTunes.
Case dismissed.
Yes, but not without iTunes. I think the point here is, that the software and the shop is the same.
Obviously you're not aware of the details. Painful burns... try 3rd degree burns.
I am familiar with the case, and my assessment is that it was frivolous.
I am aware that the victim received 3rd degree burns. I realize that the burns required skin grafting and therapy. I am aware that the coffee served to the victim was at least 180*F, and likely as hot as 200*F when she received the cup.
However, unlike the jury, I do not think that only 20% of the blame rests with the victim for driving away with the cup in her lap.
Putting a steaming, near boiling, cup of liquid between your legs while engaging in an activity as inherently turbulent and potentially dangerous as driving exhibits an extreme lack of judgment on the part of the victim. that cannot be, or at least should not have been, ignored.
Ah, you think you're making a ridiculous statement. But actually...
If somebody slips on ice on your driveway, they can sue you and will probably win.
If somebody burns themselves on coffee that you serve them in your home, they can sue you.
If somebody survives being shot while they are breaking into your house to rob you, they can sue you. (You may be immune from criminal charges, depending on the jurisdiction, due to self-defence laws, but the civil liability is usually still there.)
So the standard really is the same for McDonalds as it is in your own home.
That's called "personal responsibility" in that if you are going to "live independently" -- you have to take the personal responsibility of living in your own home and taking care of these kinds of things. You can cut off your hand in a second with a circular saw, you can slice your hand open in the same second with a knife in the kitchen, you can fall down the stairs, no matter how you make the stairs, you can slip and fall on your own sidewalk with ice all over it, and break a leg or an arm, etc., etc. and etc.
And if a person doesn't feel responsible enough to live independently and take care of themselves (or any visitors) then they should shut the house up tight and not let anyone in and fence off their property and keep everyone off it and make sure that no one can traverse any section of their property.
Otherwise, live in the "real world" and take care of yourself and stop all these idiotic "dumber than dirt" lawsuits that are nothing more than moving society into living in a four-walled padded cell in which no one does anything except consume resources and live-for-nothing.
In your own home, you have the option of turning the temperature of your hot water heater down to a reasonable temperature. You're fully aware of the fact that your knife was just sharpened.
But in the McDonald's case, the victim had no warning and no reason to suspect that that the coffee McDonald's was selling at the time, as a matter of corporate policy, came out of the pot approximately 50 degrees Fahrenheit hotter than the coffee that comes out of a domestic coffee machine - temperatures that can cause 3rd degree burns in as few as 2 seconds.
So she wouldn't have sued if it was 50 degrees cooler and she only got 2nd degree burns?
Unfortunately -- if that is happening -- I'm pretty sure I know what's been going on to cause some of that. With the prior group of Macintosh users, they were a pretty self-sufficient group of users, helping each other and figuring out ways to get things done or fixed in a great Apple community. And, now, with the very large "influx" from previous Windows users (who are dumber than dirt with some things) they are amazingly aggravating and idiotic in trying to get normal things taken care of that Macintosh users of old would simply help each other with and slog through those kinds of problems. So, after a person has been on the phone, all day long and weeks on end with such "dumber than dirt" users coming over the from Windows platform, where those "tech guys" want to "keep you dumb" so you can keep paying them money for fixing the idiotic Windows system -- after a while it gets overwhelming for those tech support people dealing with "dumber than dirt".
That's probably the unfortunate truth. It's going to take a while for those dumber than dirt users (those everyday users, not those tech people who get money for fixing things that Mac Users do themselves all the time) to get up to speed and get into the "Macintosh way" of taking care of yourself, independently and with community spirit, working together with one another.
There is still a community of Apple users that help others out. However, seeing as this is a fully modernized UNIX operating system, you will pardon my intolerance to explain UNIX and the many advancements of OS X over OS 9 and prior to an end user without getting paid first.
This is simply a reality. Learning OS X underneath and then trying to quickly tell someone how to solve this won't matter much when they know nothing of UNIX. OS X has made great strides in keeping people from having to learn UNIX, but in the end, you really should learn it.
The only thing that keeps some music out of the iPod is DRM encryption.
Frederick, switch to cancer sticks instead and learn how to use your iPod.
But in the McDonald's case, the victim had no warning and no reason to suspect that that the coffee McDonald's was selling at the time, as a matter of corporate policy, came out of the pot approximately 50 degrees Fahrenheit hotter than the coffee that comes out of a domestic coffee machine - temperatures that can cause 3rd degree burns in as few as 2 seconds.
You honestly believe she had no reason to suspect that the coffee was hot? Paper cups don't exactly shield heat very well. She held the cup in her hand for at least 5 seconds while putting in her lap. Once in her lap, the cup was (almost certainly) being held between her legs for a sufficient amount of time to feel the tremendous amount of heat leaving the cup.
It's also very unlikely that this is the first time the 81-year-old victim had purchased coffee from the restaurant. And as most restaurant chains use an industrial percolator that hides sensitive electronics behind panels that are closed during normal operation, meaning that the temperature likely does not change for weeks or months at a time, she'd probably purchased coffee of equal temperature from this restaurant multiple times in the past (note here that the vast majority of coffee is sold during the breakfast rush and that breakfast is documented as the most difficult eating habit to change).
No reason to suspect that the steaming, heat-emitting paper cup contained a liquid that could burn her? Are you suggesting that the victim would have found being burned by a cup of coffee brewed in a home brewer acceptable? That she put the extremely hot cup of liquid between her legs because it presented, what she thought, was an acceptable risk, because, as you say, she thought it must be only hot enough to produce second-degree burns?
Once again, Putting a steaming, near boiling, cup of liquid between your legs while engaging in an activity as inherently turbulent and potentially dangerous as driving exhibits an extreme lack of judgment on the part of the victim. that cannot be, or at least should not have been, ignored by the jury.
Obviously you're not aware of the details. Painful burns... try 3rd degree burns.
Total B.S. put out by trial lawyers in order to justify their frivolous lawsuits. You can't fix or warn stupid. Stupid is as stupid does and should not be rewarded, period. And while we're at it does anyone realize that over 50% of the cost of a step ladder goes for paying lawsuit judgments to stupid people who fall off of them or use them in an inappropriate way. We all pay for stupid people. You think McDonald's didn't pass the costs of that lawsuit on to its customers? Think again.
Natural selection weeds out the stupid ones in nature. They die off. Only stupid humans are rewarded for their stupidity...and mostly only in America.
Yes, but not without iTunes. I think the point here is, that the software and the shop is the same.
iTunes software is free. It works with several different formats and with CDs. You never have to go anywhere near the online iTunes "store" for any of your music. There's no "tie-in" if you're talking about iTunes software -- nothing at all. It works with many standards and you can convert whatever doesn't work (which is only really a couple, one DRM'd and one not, that I can think of).
So, I don't see any "point" here at all with music (of different formats) being loaded onto the iPod, via the software supplied for free by Apple. What's the "point" that causes someone to be "locked-in"??
I'm actually glad this guy is sueing Apple over this. Companies should start focusing on making the customer happy, not keeping the customer tied to their corperation (and I do have to say, Apple's done a very good job of that with its dedicated FanBoi base... funny how Apple recently has been screwing over said fan base over and over.)
But, note to the wise, burn all your downloaded songs to an audio CD (use a CD-RW to save some money!) and re-encode them as a standard format, say MP3 that everyone can read. That's what I've done... but it takes a bit of time, patience, and can make it seem very backwards.
I do believe the man suing has a legitimate point, and glad he's suing to gain court attention to just how many of these computer companies force you into their ways.
Lets all switch to Linux where we can make our own standards and not pay a dime.
I sure hope you're kidding. If you're not, this is too idiotic to even dignify with a response.
I have a Zune and can't put my iTunes downloads on it. I'm suing Microsoft and Apple!
Fact: Microsoft license out their brand of DRM to third parties.
Fact: Apple don't license out their brand of DRM to third parties.
Cheers Daniel
Wikipedia defines it as charring, but more reliable sources list charring as only one possible appearance. You're basically saying that it's impossible to get a third degree burn, even from boiling water or steam (which can be even hotter). Call up your doctor and ask him, I'm sure he'd laugh at you if you insist that.
Don't doctors laugh at us anyway?
Total B.S. put out by trial lawyers in order to justify their frivolous lawsuits. You can't fix or warn stupid. Stupid is as stupid does and should not be rewarded, period. And while we're at it does anyone realize that over 50% of the cost of a step ladder goes for paying lawsuit judgments to stupid people who fall off of them or use them in an inappropriate way. We all pay for stupid people. You think McDonald's didn't pass the costs of that lawsuit on to its customers? Think again.
Natural selection weeds out the stupid ones in nature. They die off. Only stupid humans are rewarded for their stupidity...and mostly only in America.
They aren't dying off anymore, smart people use protection, so THEY are dying off.
Fact: Microsoft license out their brand of DRM to third parties.
Fact: Apple don't license out their brand of DRM to third parties.
Fact: Apple's DRM works on Macs and Windows
Fract: Microsoft's DRM does not.
If Apple did what the lawsuit suggested, they could then be sued for locking out Mac users.
The fact is that if you want to buy other players, then you should purchase your music where it supports them. Nobody forced you to buy music from the iTunes music store.