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25 members have voted
The article says the claimant is asking at least $10,000. I think if it were less it then it would be a small claims matter. I'd lay good money he is asking in the high six figures at least.
The question for the poll is if you were the judge, what you would rule?
After jumping, did he land on a banana peel, slip, fall through a plate of glass, and then the TV fell on him? Or what?
Quote: rxwineAfter jumping, did he land on a banana peel, slip, fall through a plate of glass, and then the TV fell on him? Or what?
Didn't I see that on the Three Stooges?
Had a heart attack from being startled by the mannequin? Maybe. Ran down the hall screaming and tripped on his shoelaces? Eh.....
I can attest to all mannequins being somewhat spooky, though. I've run into several CPR/medical dummies and they make me jump 100% of the time I'm not expecting to see a human.
My prediction is that PH settles out of court.
Quote: WizardThe room at the Planet Hollywood have decorations from famous movies. Once I got a room there and I think it had a Terminator theme. According to an article, a guess got freaked out when he entered his dark room and confused a mannequin for a real person. He turned around and somehow injured himself trying to escape. For more information please read the article Planet Hollywood sued for Vegas Strip hotel room mannequin.
The article says the claimant is asking at least $10,000. I think if it were less it then it would be a small claims matter. I'd lay good money he is asking in the high six figures at least.
The question for the poll is if you were the judge, what you would rule?
The mannequin was dressed in a Miller Lite racing suit. Unless your Jeff Gordon, I don't think you have a case:
Quote: gamerfreakMy prediction is that PH settles out of court.
The whole thing sounds like a frivolous lawsuit to me. If the PH felt that way, they might fight it on principle. I hope they do. It just gives everybody else ideas when these things get settled out of court and the rest of us end up paying as we get charged more for everything to cover the contingency of paying off frivolous lawsuits.
Quote: WizardThe whole thing sounds like a frivolous lawsuit to me. If the PH felt that way, they might fight it on principle. I hope they do. It just gives everybody else ideas when these things get settled out of court and the rest of us end up paying as we get charged more for everything to cover the contingency of paying off frivolous lawsuits.
That's why I think the details matter. Heart attack isn't quite on the same level of frivolous than a bruised knee in my opinion.
FWIW I'm generally not a fan of lawsuits like this being taken seriously
Let's say it's your first visit to PH. You don't know they do rooms like this. (I didn't, fwiw). You're dragging your rolling.luggage. You have your bankroll and valuables on you.
You open the door after dark and step into the room. You don't know where the light switches are, but the curtains are open onto LVB (usual setup in fresh hotel room). As you're fumbling around to find a lamp or switch, you look into the room and there's a person silouetted by the street lights waiting in the dark for you.
You panic, turn fast, and try to leave, tripping over your luggage in the shadows and falling. Or banging into the edge of your heavy room door. Or whatever.
Hell, yes, they should sue if they got hurt. What a stupid way to freak someone out. Mannequins in the room are a horrible idea. Good grief.
Quote: beachbumbabsI usually go with the frivolous throw it out vote. But I can see this one.
Let's say it's your first visit to PH. You don't know they do rooms like this. (I didn't, fwiw). You're dragging your rolling.luggage. You have your bankroll and valuables on you.
You open the door after dark and step into the room. You don't know where the light switches are, but the curtains are open onto LVB (usual setup in fresh hotel room). As you're fumbling around to find a lamp or switch, you look into the room and there's a person silouetted by the street lights waiting in the dark for you.
You panic, turn fast, and try to leave, tripping over your luggage in the shadows and falling. Or banging into the edge of your heavy room door. Or whatever.
Hell, yes, they should sue if they got hurt. What a stupid way to freak someone out. Mannequins in the room are a horrible idea. Good grief.
Totally agree.
Quote: beachbumbabs
Hell, yes, they should sue if they got hurt. What a stupid way to freak someone out. Mannequins in the room are a horrible idea. Good grief.
Well, at least they don't put it under the bed or in the shower.
Well to me that's easy, he can have 5x whatever legitimate, documented, actual medical bills he racked up. And nothing for pain and suffering, fake psychological assessments from Dr. Quack, lost wages or future lost wages, and being a total weasel.Quote: WizardThe question for the poll is if you were the judge, what you would rule?
Remember that frivolous lawsuit where someone spilled coffee from mcdonalds and won a million bucks?
Well turns out it wasnt so frivolous. The person received 4th degree burns. I saw pictures. She had meat hanging from her calves like someone had taken a machete to it
Mcdonalds had already had medical injuries they had settled where people had been burned yet they continued to insist their franchisees serve the coffee no less than boiling
But a lot of people judge that as a frivolous case based on the general description of spilling coffee lets sue
Edit: I put the photo in spoiler tags as it is too graphic for this board. BBB
Also that lady donated a large majority of the payments she received.
Quote: darkozI just dont think anyone can come to a conclusion until seeing the evidence
Remember that frivolous lawsuit where someone spilled coffee from mcdonalds and won a million bucks?
Well turns out it wasnt so frivolous. The person received 4th degree burns. I saw pictures. She had meat hanging from her calves like someone had taken a machete to it
Mcdonalds had already had medical injuries they had settled where people had been burned yet they continued to insist their franchisees serve the coffee no less than boiling
But a lot of people judge that as a frivolous case based on the general description of spilling coffee lets sue
+1
I know this is bridging a few threads, but this is a great example of "fake news". IIRC, she was only asking for them to pay her medical and possibly legal fees...it was the lawyer's idea to ask for more (low 6 figures I think), and it only got up to be so high because [apparently] the way it works is they average the amount the jury pool say they think the person should get (and one guy said $10 million or something, to show the others how serious it was)....then the judge said however much the total was, was too high, judge lowered it below the $1M figure, and it may have been lowered a second time.
"Mother likes her food extremely hot."
Quote: beachbumbabsI usually go with the frivolous throw it out vote. But I can see this one.
Let's say it's your first visit to PH. You don't know they do rooms like this. (I didn't, fwiw). You're dragging your rolling.luggage. You have your bankroll and valuables on you.
You open the door after dark and step into the room. You don't know where the light switches are, but the curtains are open onto LVB (usual setup in fresh hotel room). As you're fumbling around to find a lamp or switch, you look into the room and there's a person silouetted by the street lights waiting in the dark for you.
You panic, turn fast, and try to leave, tripping over your luggage in the shadows and falling. Or banging into the edge of your heavy room door. Or whatever.
Hell, yes, they should sue if they got hurt. What a stupid way to freak someone out. Mannequins in the room are a horrible idea. Good grief.
I think this is the first time I am 100% in agreement with you. Copied because I couldn't have expressed my thoughts any clearer. Amount would depend on extent of injuries suffered is the only thing I would add. Therefore, I voted for Better Call Saul.
Quote: darkozI just dont think anyone can come to a conclusion until seeing the evidence
Remember that frivolous lawsuit where someone spilled coffee from mcdonalds and won a million bucks?
Well turns out it wasnt so frivolous. The person received 4th degree burns. I saw pictures. She had meat hanging from her calves like someone had taken a machete to it
Mcdonalds had already had medical injuries they had settled where people had been burned yet they continued to insist their franchisees serve the coffee no less than boiling
But a lot of people judge that as a frivolous case based on the general description of spilling coffee lets sue
I'm an outlier on this case. I already knew the full story on this and had seen the pictures before. Of course you may get burned. Depending on what you're wearing or not wearing you may get burned bad. 79 year olds have more accidents anyway. Their skin won't tolerate the damage either as easily, but why shouldn't my coffee still be lava hot?
Yeah, I don't care if people think I'm being a hard ass.
You might want to read up on that a little bit. You might be shocked to know it was not so frivolous after all. The media used it to write their articles about sue happy Americans. People who don't know all the facts used it as some kind of joke and made her out to be some kind of sue happy villain.Quote: darkoz
Remember that frivolous lawsuit where someone spilled coffee from mcdonalds and won a million bucks?
She suffered third degree burns that required skin grafts on her legs and other places(I don't know what them other places were, but I can only imagine the pain from 3rd degree burns on my inner thighs and other places).
There were over 500 burn complaints going back years prior to that, but it still remained their policy to serve it at a temperature that could cause 3rd degree burns within seconds. Their attitude was.... we serve scalding cups of coffee in the billions, so who cares about hundreds of serious injuries.
Originally she just wanted enough to cover her medical expenses and lost income (under 30k). Guess what they offered her? $800 fricken dollars. So she sued and they got what they deserved, and so did she.
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I can only hope one day they will bring back their delicious mouth burning deep fried apple pies to Vegas. I would eat them at least 5 times a week.
About the PH case, I'll keep an open mind until more evidence comes in, but I still say it sounds like a frivolous lawsuit to me at this early point. Like I wrote earlier, I had a Terminator themed room once and I didn't suffer any injuries while screaming that robots from the future were chasing me.
Quote: AxelWolfYou might want to read up on that a little bit. You might be shocked to know it was not so frivolous after all. The media used it to write their articles about sue happy Americans. People who don't know all the facts used it as some kind of joke and made her out to be some kind of sue happy villain.
She suffered third degree burns that required skin grafts on her legs and other places(I don't know what them other places were, but I can only imagine the pain from 3rd degree burns on my inner thighs and other places).
There were over 500 burn complaints going back years prior to that, but it still remained their policy to serve it at a temperature that could cause 3rd degree burns within seconds. Their attitude was.... we serve scalding cups of coffee in the billions, so who cares about hundreds of serious injuries.
Originally she just wanted enough to cover her medical expenses and lost income (under 30k). Guess what they offered her? $800 fricken dollars. So she sued and they got what they deserved, and so did she.
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I can only hope one day they will bring back their delicious mouth burning deep fried apple pies to Vegas. I would eat them at least 5 times a week.
You should have read the rest of his post......
Yep, it does sound that way.Quote: WizardAbout the PH case, I'll keep an open mind until more evidence comes in, but I still say it sounds like a frivolous lawsuit to me at this early point.
But OBVIOUSLY, we haven't been privvy to all the facts of the case, AND as reasonable people, we would all take that into account IF we were the Judge or on the jury.
As far as the initial McDonald's reporting was concerned, shame on the media for putting out such shoddy initial reporting in the first place. Lazy.
Quote: JohnnyQYep, it does sound that way.
But OBVIOUSLY, we haven't been privvy to all the facts of the case, AND as reasonable people, we would all take that into account IF we were the Judge or on the jury.
As far as the initial McDonald's reporting was concerned, shame on the media for putting out such shoddy initial reporting in the first place. Lazy.
Its more devious than shoddy or lazy reporting
The story of the reporting i heard was the major corporations including mcdonalds saw the case as a way of pushing their agenda and spread misinformation about the case using their huge publicity machine
It worked. People still refer to the mcdonalds case as evidence of frivolous lawsuits and congress passed laws protecting conglomerates from said frivolous lawsuits
Quote: JohnnyQYep, it does sound that way.
But OBVIOUSLY, we haven't been privvy to all the facts of the case, AND as reasonable people, we would all take that into account IF we were the Judge or on the jury.
As far as the initial McDonald's reporting was concerned, shame on the media for putting out such shoddy initial reporting in the first place. Lazy.
I agree 100%. The episode of Seinfeld where Kramer attempted a frivolous lawsuit for spilled coffee in his lap didn't help either, as it was an obvious reference to the McDonalds story.
"The lawsuit claims he suffered undefined injuries to his body, limbs, organs, mind and nervous systems, resulting in conditions that may be permanent and disabling.
Boutwell said the incident has left him limited in what he can do for work and fun, including a loss of life enjoyment. He’s seeking damages to cover his medical bills, attorney fees, pain and suffering and wages and earning potential."
I'm guessing Mr. Boutwell isn't exactly a Captain of Industry.
http://www.ncausa.org/About-Coffee/How-to-Brew-Coffee
Quote:Your brewer should maintain a water temperature between 195 to 205 degrees Fahrenheit for optimal extraction. Colder water will result in flat, under-extracted coffee, while water that is too hot will also cause a loss of quality in the taste of the coffee. (However, cold brew does not need any heat.)
Possibly all McDonald's was doing was transferring fresh brewed coffee to a Styrofoam cup which wouldn't let it cool off very fast. Then they gave it to 79 year old in a car and she spilled it in her lap. Something I've done myself.
I'll never be happy with the way that case ended up. You might as well tell me how many people have been scalded by steaming hot Fajitas plates.
Quote: rxwineNational Coffee Association
http://www.ncausa.org/About-Coffee/How-to-Brew-Coffee
Possibly all McDonald's was doing was transferring fresh brewed coffee to a Styrofoam cup which wouldn't let it cool off very fast. Then they gave it to 79 year old in a car and she spilled it in her lap. Something I've done myself.
Ill never be happy with the way that case ended up. You might as well tell me how many people have been scalded by steaming hot Fajitas plates.
Really?
Please look at the pic i posted of her injuries and tell me u wouldn't sue. I posted it earlier in the thread. It was so horrifying Babs had to make it optional for viewing
Its on page 2 of this thread
Quote: IbeatyouracesNews flash: McDonald's more than recovered any payment by raising prices/making portions smaller. In other words, customers paid for it.
Those McNugget challenges would be cheaper if it wasn't for those lawsuits.
Quote: darkozReally?
Please look at the pic i posted of her injuries and tell me u wouldn't sue. I posted it earlier in the thread. It was so horrifying Babs had to make it optional for viewing
Its on page 2 of this thread
Already saw them years ago.
Pretty sure I've dropped just as hot coffee on myself, but wasn't wearing just thin cotton material.
I don't expect most people to agree with me which is fine.
Also:
Being as she was 79
Quote:Older people are vulnerable to aggressive burns because of skin atrophy, comorbidities, diminished host defense mechanisms and reduced mobility. Older people are more prone to complications of burns and they have longer hospital stay and higher mortality rates.6
Its also a question of what you have 'in' you, not just valuables on you. Lets not forget that people often have to wait for their room to be ready or even if able to go directly to their room they often choose to hit the tables briefly. Long flight, tired, a bit of booze on the plane, a good bit more booze in the casino and then this really unexpected encounter while you are in a slightly befuddled state that they helped induce and should have anticipated.Quote: beachbumbabsLet's say it's your first visit to PH. You don't know they do rooms like this. (I didn't, fwiw). You're dragging your rolling.luggage. You have your bankroll and valuables on you.
As to the McDonald's Coffee... severe injuries, severe stupidity, sloped bucket seat, some sort of absorbent fabric and placed the coffee between her knees.
Was it hot? Yes. That is how most coffee is served. Could she have tested it? Yes. It seems it was only twenty degrees hotter than most other places in town.
Quote: IbeatyouracesNews flash: McDonald's more than recovered any payment by raising prices/making portions smaller. In other words, customers paid for it.
They do their best to optimize that stuff already. Law suits have no effect. They weren't making less profit than they could have before just to be nice.
Quote: RSI'm pretty sure the 195-205 figure is for brewing coffee, not serving.
So, I shouldn't have been EATING my frozen pizzas at a temperature of 400 degrees all these years?
Seriously, why would you want coffee served at a temperature that burns your flesh?
Quote: beachbumbabsI usually go with the frivolous throw it out vote. But I can see this one.
I agree with babs assessment. Furthermore, I go back and forth on the settlement. Folks should not be able to use this as an opportunity for a pay day, but on the other hand, how much is painful enough to a big corporation (PH / McD) to entice them to change?
Uh-huh. Like that, Kent says.Quote: Wizard...and somehow injured himself trying to escape.
Methinks any negligence by PHo was more likely related to failing to post a warning appropriate for him on the mannequin, as he stumbled upstairs after a night of whooping up a lather in the Party Pit:
When I crashed for a night in a PHo room decorated with oodles of ridiculous cheesy memorabilia from Batman movies, there was also no warning whatsoever that would be suitable for the typical Planet Hollywood type guests on the Batmobile rocket launcher hanging over the bed:
I'm staying at P Ho for the first time.
Note: I would expect / hope that rooms have some sort of Hollywood type memorabilia, so I would be expecting something.
Yessir, Mr. Bear; housekeeping says your room is ready.Quote: DJTeddyBear...so I would be expecting something.
With the coffee so hot, customers would need to wait so long to drink the coffee, they would not want to stay long enough to get a refill.
Look how cheap McDonald's is now, charging exorbitantly for nugget sauces, not even suggesting ketchup when people order $10 worth of fries, giving them two packets when they ask and running away, paying employees with debit cards instead of checks(profiting from fees on the cards), etc.
McDonald's business was always real estate, by having the best real estate in every town, then transitioning from serving food to serving food like products, to the new business sideline of equivalently slave ownership. Our laws and regulations suck in this country, completely contrary to the needs and fairness of the people, and McDonalds just emphasizes the problem. McDonald's sucks, they **** people over for a living and pay for it. We need to honestly reevaluate limits on punitive damages, to cause fear and pain for people that are tempted to cause fear and pain to make a buck.
I really don't think I'm liberal, I just think the Constitution gives us all rights. The Constitution working properly should limit power from being too concentrated which allows destruction of the Constitution, when an eternal balance of power should be inherent and best for all. The minority power should be protected from the majority power and not allow the majority to get too big.
Anyways, the coffee burned her vagina. Do you want McDonald's to burn your grandma's vagina?
That reminds me, Hot Pockets are the hottest thing known to man.Quote: RigondeauxSo, I shouldn't have been EATING my frozen pizzas at a temperature of 400 degrees all these years?
Seriously, why would you want coffee served at a temperature that burns your flesh?
Quote: AxelWolfThat reminds me, Hot Pockets are the hottest thing known to man.
And here I thought it was the guy Alan watched with 18 Yo's in a row.
You thought he might be hot? I'm going to start calling you Romes JR.Quote: BozAnd here I thought it was the guy Alan watched with 18 Yo's in a row.
Quote: DJTeddyBearAll of a sudden, I'm REALLY looking forward to my Vegas trip next week.
I'm staying at P Ho for the first time.
Note: I would expect / hope that rooms have some sort of Hollywood type memorabilia, so I would be expecting something.
OK, start lowering your expectations immediately:
The Eddie Murphy one, not even the classic Jerry Lewis one. In fairness, there were a couple of crappy black and white pictures from the movie in addition to the Frozen Diet Meal box.Quote: JohnnyQStayed at PH recently. Our room had "Nutty Professor" memorabilia. Highlight was a frozen dinner box prop from the movie. Not scary, No mannequins.