Dunkin' Donuts Sued Over Hot Cider Spill

Johnboy60

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This story will sound awfully similar to this one and this one: Dunkin' Donuts is getting burned with a hot coffee, er, cider lawsuit, after a New Jersey woman says the drink spilled in her lap, leaving her with second- and third-degree burns, the Star-Ledger reports. Jennifer Fragoso, 24, says she was sitting in her car in the Belleville, NJ, franchise's parking lot when the lid came off her hot apple cider and the beverage fell over.

Dunkin' Donuts Sued Over Hot Cider Spill - Jennifer Fragoso sues NJ location, claims permanent scarring
 

Kirito

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If she did indeed suffer permanent scarring, I think she should be entitled to some compensation. Even if it's her fault that the cider spilled, Dunkin' Donuts should keep their cider at a reasonable degree of heat.

Of course, she's unlikely to suffer a lasting disability from third degree burns, so I don't think scars are necessarily a warrant for a multi-million dollar lawsuit. Does anyone know how much for which the woman is suing?
 
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Hetta

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If she did indeed suffer permanent scarring, I think she should be entitled to some compensation. Even if it's her fault that the cider spilled, Dunkin' Donuts should keep their cider at a reasonable degree of heat.

ITA.
 
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Habbit Animal

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Why should Dunkin Donuts lessen the temperature of their hot coffee or their hot cider just because a woman is too stupid to comprehend the cup she just reached for at the drive-thru and felt the heat against her hand, shouldn't be stored between her legs!

Why should the definition of "hot" not apply to someone who is that stupid? And instead all other patrons should have to contend with a slightly warm cider because one money seeking dolt saw a way to pay her bills after the first money seeking dolt got away with the same scheme suing McDonalds!

Because she didn't know coffee was hot and sat the cup between her legs, it spilled, she sued, she won, McDonalds elected to pander to the stupid by presuming they're at least literate and added "CONTENTS ARE HOT" on their coffee cups so as to forewarn stupid women not to use their crotch as a cup holder in future!


If she did indeed suffer permanent scarring, I think she should be entitled to some compensation. Even if it's her fault that the cider spilled, Dunkin' Donuts should keep their cider at a reasonable degree of heat.

Of course, she's unlikely to suffer a lasting disability from third degree burns, so I don't think scars are necessarily a warrant for a multi-million dollar lawsuit. Does anyone know how much for which the woman is suing?
 
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Kirito

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Habbit Animal said:
Why should Dunkin Donuts lessen the temperature of their hot coffee or their hot cider just because a woman is too stupid to comprehend the cup she just reached for at the drive-thru and felt the heat against her hand, shouldn't be stored between her legs! Why should the definition of "hot" not apply to someone who is that stupid? And instead all other patrons should have to contend with a slightly warm cider because one money seeking dolt saw a way to pay her bills after the first money seeking dolt got away with the same scheme suing McDonalds! Because she didn't know coffee was hot and sat the cup between her legs, it spilled, she sued, she won, McDonalds elected to pander to the stupid by presuming they're at least literate and added "CONTENTS ARE HOT" on their coffee cups so as to forewarn stupid women not to use their crotch as a cup holder in future!

While I wouldn't advocate putting a hot beverage between one's legs, you must admit that there are other means through which hot cider can be spilled on someone rather easily. The table could be bumped into, or you could hit a pothole with hot coffee in your car's cup holder.

My point is that while the woman certainly holds some culpability, I think that coffee/cider shouldn't be brewed at a temperature that could cause third degree burns. I think there's a happy medium between lukewarm and scalding hot. Worst case scenario, you have to microwave your coffee when you get to work. I think that's preferable to brewing dangerously hot coffee.
 
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Hetta

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While I wouldn't advocate putting a hot beverage between one's legs, you must admit that there are other means through which hot cider can be spilled on someone rather easily. The table could be bumped into, or you could hit a pothole with hot coffee in your car's cup holder.

My point is that while the woman certainly holds some culpability, I think that coffee/cider shouldn't be brewed at a temperature that could cause third degree burns. I think there's a happy medium between lukewarm and scalding hot. Worst case scenario, you have to microwave your coffee when you get to work. I think that's preferable to brewing dangerously hot coffee.

Again agreed. I have gotten coffee at Starbucks and had to wait 10 minutes before I dared put it anywhere near my lips. It's at a nuclear level of heat and that's unnecessary.

Slamming this woman and calling her evil names, well, that just speaks for itself.
 
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Habbit Animal

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While I wouldn't advocate putting a hot beverage between one's legs, you must admit that there are other means through which hot cider can be spilled on someone rather easily. The table could be bumped into, or you could hit a pothole with hot coffee in your car's cup holder.
That's not what we're talking about here.

We're talking about a woman who is admitting she grabbed hold of a hot cup of cider and elected, ignoring the heat on the flesh of her hands, to use her crotch as a cup holder.
She assumed the risk when she didn't check the lid to be sure it was secure before choosing to put her privates at risk of scalding hot cider.

Now, because of her irresponsibility, she's expecting to get paid because in her belief other people should pay her for her choosing to risk injury because she chose to order hot cider! And then is surprised that it's hot!

By the way. Calling this woman stupid isn't speaking evil. It's speaking the truth! Which for some people is evil. But that speaks for itself.
 
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Kirito

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Habbit Animal said:
That's not what we're talking about here. We're talking about a woman who is admitting she grabbed hold of a hot cup of cider and elected, ignoring the heat on the flesh of her hands, to use her crotch as a cup holder. She assumed the risk when she didn't check the lid to be sure it was secure before choosing to put her privates at risk of scalding hot cider. Now, because of her irresponsibility, she's expecting to get paid because in her belief other people should pay her for her choosing to risk injury because she chose to order hot cider! And then is surprised that it's hot!

I'm not denying that she assumed risk. I'm just saying that she isn't entirely at fault. Of course, she knew that the cider was hot, but that doesn't mean she knew it was hot enough to seriously injure her. In the state of New Jersey, to my knowledge, the defendant in civil cases must grant recovery decided on each party's culpability. Only in some states (like Maryland, where I live) is it necessary for the defendant to hold 100% of the responsibility.
 
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Habbit Animal

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Scam lawsuits like this make everyone's lives a little worse, a little more expensive, a little more hassle filled.
She deserves nothing for attempting to waste court time, and trying to rip off a franchise chain.
Absolutely. Hopefully the court would throw this nuisance suit out with a stern warning to the woman.
That would hopefully make news so that others who thought to make fast money while risking their body parts to do so would be forewarned their premeditated fraud isn't going to be tolerated by the court.

That type woman is simply using the example of the other woman years ago who made news suing McDonalds because she used her crotch as a hot coffee cup holder and got scalded for it.
She was paid huge money and because of that McDonald's decided to basically mock idiots by putting a warning that the contents of a coffee cup are hot on the coffee cup. This then presents the warning that insures no future liability for idiots who evidently drink coffee but never before knew it was hot.


I'm not denying that she assumed risk. I'm just saying that she isn't entirely at fault. Of course, she knew that the cider was hot, but that doesn't mean she knew it was hot enough to seriously injure her. In the state of New Jersey, to my knowledge, the defendant in civil cases must grant recovery decided on each party's culpability. Only in some states (like Maryland, where I live) is it necessary for the defendant to hold 100% of the responsibility.

It is 100% her liability.
She knowingly ordered hot cider! It is her responsibility to act according to the risk a hot beverage presents once in her custody!
 
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Habbit Animal

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Welcome to America, where personal responsibility is thrown out the window in the name of the almighty dollar. You have zero common sense? No worries, you can sue for not having any.
And be rewarded with big money so that the lack of common sense pays off and inspires more negligence so as to get more money in future.

Stupid costs!
In America however, the nanny state where we have to be told what to do because we're presumed not to be intelligent enough to think, and it's sickening that there are advocates for this, stupid gets paid.
 
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Habbit Animal

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Again agreed. I have gotten coffee at Starbucks and had to wait 10 minutes before I dared put it anywhere near my lips. It's at a nuclear level of heat and that's unnecessary.
Did you ever consider setting that cup between your legs while waiting for it to cool so you could drink it?
 
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Kirito

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Habbit Animal said:
It is 100% her liability. She knowingly ordered hot cider! It is her responsibility to act according to the risk a hot beverage presents once in her custody!

What if the cider had spilled on her lap through other means? The cider was dangerously hot, and it could have spilled on the woman in a variety of ways. While it wasn't smart of her to put it between her legs, the same injuries could have occurred if someone knocked it down on a table. If cider is brewed at a high enough temperature that it seriously injures anyone it touches, the brewers are partially liable regardless of the circumstances.
 
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muslimsoldier4life

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What if the cider had spilled on her lap through other means? The cider was dangerously hot, and it could have spilled on the woman in a variety of ways. While it wasn't smart of her to put it between her legs, the same injuries could have occurred if someone knocked it down on a table. If cider is brewed at a high enough temperature that it seriously injures anyone it touches, the brewers are partially liable regardless of the circumstances.

If something is hot, regardless of what it is, you have to pay attention to what's going on. Also, there's a reason 99.99999% of all motor vehicles have cup holders. How is it Dunken Donuts responsibility, when the woman was too lazy to put the cup in the cup holder? I can understand if the lid wasn't on all the way, and the cider spilled on her while it was being handed to her, but she put it between her legs which would apply pressure upward for the liquid. Those lids can only withstand so much pressure before the cup overflows.

If you're making excuses for her, you do not believe in personal responsibility. That's what is wrong with our society today; we believe everyone else is at fault, and that the person injured is always the victim. I'm also sure you support burglars that sue businesses, because they broke a leg or got cut severely from the fall or from some other defense system.
 
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Habbit Animal

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If something is hot, regardless of what it is, you have to pay attention to what's going on. Also, there's a reason 99.99999% of all motor vehicles have cup holders. How is it Dunken Donuts responsibility, when the woman was too lazy to put the cup in the cup holder? I can understand if the lid wasn't on all the way, and the cider spilled on her while it was being handed to her, but she put it between her legs which would apply pressure upward for the liquid. Those lids can only withstand so much pressure before the cup overflows.

If you're making excuses for her, you do not believe in personal responsibility. That's what is wrong with our society today; we believe everyone else is at fault, and that the person injured is always the victim. I'm also sure you support burglars that sue businesses, because they broke a leg or got cut severely from the fall or from some other defense system.

Well put.

What if the cider had spilled on her lap through other means? The cider was dangerously hot, and it could have spilled on the woman in a variety of ways. While it wasn't smart of her to put it between her legs, the same injuries could have occurred if someone knocked it down on a table. If cider is brewed at a high enough temperature that it seriously injures anyone it touches, the brewers are partially liable regardless of the circumstances.
This hypothetical isn't relevant to this incident. This woman put the hot cider between her legs, opting to put others at risk on the road when she left the drive-thru and entered the roadway using her feet on the brake/accelerator/ of the car while hot cider rested in a cup between her legs.
She chose to not use the cup holder that, as was said, most cars have and usually in the center console. It is there for that express purpose of giving a place to put hot (or cold) drinks a place to safely be stored while driving.

You're making excuses for her irresponsible behavior. Why would you do that?
 
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Hetta

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What if the cider had spilled on her lap through other means? The cider was dangerously hot, and it could have spilled on the woman in a variety of ways. While it wasn't smart of her to put it between her legs, the same injuries could have occurred if someone knocked it down on a table. If cider is brewed at a high enough temperature that it seriously injures anyone it touches, the brewers are partially liable regardless of the circumstances.

The bolded is why the organization will lose. There is hot and then there is boiling hot.
 
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Kirito

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muslimsoldier4life said:
If something is hot, regardless of what it is, you have to pay attention to what's going on. Also, there's a reason 99.99999% of all motor vehicles have cup holders. How is it Dunken Donuts responsibility, when the woman was too lazy to put the cup in the cup holder? I can understand if the lid wasn't on all the way, and the cider spilled on her while it was being handed to her, but she put it between her legs which would apply pressure upward for the liquid. Those lids can only withstand so much pressure before the cup overflows. If you're making excuses for her, you do not believe in personal responsibility. That's what is wrong with our society today; we believe everyone else is at fault, and that the person injured is always the victim. I'm also sure you support burglars that sue businesses, because they broke a leg or got cut severely from the fall or from some other defense system.

Habbit Animal said:
This hypothetical isn't relevant to this incident. This woman put the hot cider between her legs, opting to put others at risk on the road when she left the drive-thru and entered the roadway using her feet on the brake/accelerator/ of the car while hot cider rested in a cup between her legs. She chose to not use the cup holder that, as was said, most cars have and usually in the center console. It is there for that express purpose of giving a place to put hot (or cold) drinks a place to safely be stored while driving. You're making excuses for her irresponsible behavior. Why would you do that?

Answer me this. Why does the cider have to be so hot that it causes third degree burns when spilled on someone?
 
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muslimsoldier4life

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Answer me this. Why does the cider have to be so hot that it causes third degree burns when spilled on someone?
Why not? If you want to have clean water and purified, it has to be boiling for 20 minutes. Why can't she hold on and let it cool down first, before drinking it? Why can't she put it in the cup holder like a sensible individual would?

We live in a society that refuses to acknowledge personal responsbility. Instead, we'd rather discuss how someone else is at fault, instead of having integrity.
 
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