Lawsuit 'Discriminatory' Gluten-Free Menu

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  • Bukeelaka
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    Le sigh…..
  • terricherry2
    terricherry2 Posts: 222 Member
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    Maybe people with genetic predispositions to heart disease and high cholesterol should start suing McDonald's for only serving high salt/fat food (don't know about elsewhere but even the salads in the UK have hideous amounts).

    Or maybe just eat somewhere else if it bothers you that much.
  • JoRocka
    JoRocka Posts: 17,525 Member
    edited February 2015
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    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    I'd say fining a company for making a mistake is different than rewarding stupidity- which the latter seems to be what happened.
  • gwensoul
    gwensoul Posts: 87 Member
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    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    She wasn't driving. Common misconception. This was an older lady in the passanger seat and the car was parked while she took off the lid to put in suger and cream.
  • runner475
    runner475 Posts: 1,236 Member
    edited February 2015
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    Troutsy wrote: »
    This just makes me sad..

    People will sue over anything now. Does she really have a case? she can choose not to eat there? Not sure how the law goes with things like that.

    P F Chang's lawyers are probably partying right now. It's a dead win plus a free national publicity.
    It will be no brainier for them to prove it does cost more to make gluten free.
  • JoRocka
    JoRocka Posts: 17,525 Member
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    tibby531 wrote: »
    JoRocka wrote: »
    You shouldn't be able to sue because you have no godda*n common sense.

    I'm sorry, there's too much logic in that statement; it will never go over.

    heh- probably not for a great many people- but oh well.
  • angf0679
    angf0679 Posts: 1,120 Member
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    Yup. Americans like to sue over anything and everything it seems. The sad part will be IF she wins! Gluten free products are going to cost more as they have to be made differently. Why is she just suing the restaurant? Why not sue all makers of gluten free products? They cost more.
  • JoRocka
    JoRocka Posts: 17,525 Member
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    gwensoul wrote: »
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    She wasn't driving. Common misconception. This was an older lady in the passanger seat and the car was parked while she took off the lid to put in suger and cream.

    omg- and she sued because she spilled it while sitting in a none moving car??

    I can't even.
  • Acg67
    Acg67 Posts: 12,142 Member
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    Maybe people with genetic predispositions to heart disease and high cholesterol should start suing McDonald's for only serving high salt/fat food (don't know about elsewhere but even the salads in the UK have hideous amounts).

    Or maybe just eat somewhere else if it bothers you that much.

    That is the worst idea ever and also would require there to be some evidence of causation of heart disease from high salt/fat, which if you have some I'd love to see it
  • maidentl
    maidentl Posts: 3,203 Member
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    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    Exactly. If she had been burned by water of an appropriate temperature she would not have had a case. It was because the water did so much more damage to her body due to its unusually high temperature.
  • shellma00
    shellma00 Posts: 1,684 Member
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    This made me chuckle for a couple reasons...

    #1 -- since when is Celiacs disease a "disability"

    #2 -- Everything advertised as "Gluten Free" is ALWAYS more expensive no matter where you go..

    I tried gluten free for a month to see if I were intolerant/gluten sensitive, but that was not the case. And everything I bought was more expensive.
  • JoRocka
    JoRocka Posts: 17,525 Member
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    maidentl wrote: »
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    Exactly. If she had been burned by water of an appropriate temperature she would not have had a case. It was because the water did so much more damage to her body due to its unusually high temperature.

    stupidity shouldn't be rewarded with money.
  • Azexas
    Azexas Posts: 4,334 Member
    edited February 2015
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    JoRocka wrote: »
    maidentl wrote: »
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    Exactly. If she had been burned by water of an appropriate temperature she would not have had a case. It was because the water did so much more damage to her body due to its unusually high temperature.

    stupidity shouldn't be rewarded with money.

    but.... 'Murica haha
  • terricherry2
    terricherry2 Posts: 222 Member
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    Acg67 wrote: »
    Maybe people with genetic predispositions to heart disease and high cholesterol should start suing McDonald's for only serving high salt/fat food (don't know about elsewhere but even the salads in the UK have hideous amounts).

    Or maybe just eat somewhere else if it bothers you that much.

    That is the worst idea ever and also would require there to be some evidence of causation of heart disease from high salt/fat, which if you have some I'd love to see it

    Sarcasm my dear.

    But oh hi *waves* :blush:
  • KameHameHaaaa
    KameHameHaaaa Posts: 837 Member
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    Seeing the news about this lawsuit made me think "no hope for humanity"

    Seeing the comments on PF Chang's facebook page from all the people with celiac who are letting them know they enjoy their restaurant and are grateful that they even have a gluten free menu to choose from and hope the lawsuit gets thrown out etc.... Hope for humanity restored :)
  • JoRocka
    JoRocka Posts: 17,525 Member
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    Troutsy wrote: »
    JoRocka wrote: »
    maidentl wrote: »
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    Exactly. If she had been burned by water of an appropriate temperature she would not have had a case. It was because the water did so much more damage to her body due to its unusually high temperature.

    stupidity shouldn't be rewarded with money.

    but.... 'Murica haha
    heh. truth.

    I was complaining about Snookie buying a 2.6 M$ home here in NJ and I was like WTF does this woman have this much money. And my coworker said- because she's willing to do stupid things on TV... I was like NOOOOOOO I'm more than willing to do stupid things on TV and get paid for it!!! WHY AM I NOT A MILLIONAIRE YET!!! DMANIT! Plus I'm better looking and funnier! And smarter!!!!!

    asd;lkfj;sldkfj
  • goddessofawesome
    goddessofawesome Posts: 563 Member
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    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    And again, if I go to McDonalds -- or anywhere else for that matter -- and order a HOT coffee I expect it to be just that: HOT. Regardless if it is "super heated" or whatever I want my dang coffee to be HOT because that's how I ordered it. There have been times where I've actually had to have them make me a new coffee because it wasn't HOT. I'm not an idiot. I know that hot things are going to burn me. But I'm also not going to sue when that happens.

    Honestly when will the frivolous law suits end? Should I sue the maker of my water heater because the water got too hot and I burned myself? What about the company that made the tea pot that I use at night? The steam from the boiling water hurt my hand when I was pouring it. Should I sue them for not warning me that boiling water produces hot steam?
  • ashleycde
    ashleycde Posts: 622 Member
    edited February 2015
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    gwensoul wrote: »
    ashleycde wrote: »
    You never see Canadians out there suing places. I accidentally had boiling hot water spilled on my hand at a coffee shop, had a big scar for years, and I didn't go suing anyone over an accident. Has anyone sued Starbucks over charging more for soy or lactose-free milk too? I stopped ordering lattes after they revoked the free milk surcharge for Starbucks card holders, but I didn't go crying about it.

    The coffee case is one of those that is really misunderstood. McDonalds had over 700 cases of burns and held their coffee at a much higher temp then recommended which caused the lady (who was sitting in a non moving vehicle) to get 3rd degree burns over 6% of her body. If the store had held the coffee at the correct temperature no burns woudl have happened. She originally asked for $20k but was awarded more in punitive damages by the jury, although the final amount was greatly reduced. For comparison, Tim Hortons (in Canada) was sued for $2 million (awarded $70K) over hot potato soup burns. (Laflamme c. Groupe TDL ltée, 2014 QCCS 312)

    Canada doesn’t get a free pass, there are plenty of bad lawsuits out there all over. Less actaully go to court than you think though, anyone can file, but most are dismissed early on.

    Excuse me, but I never made any mention to the McDonald's case you are referring to. In fact, I am someone who advocates for the woman who sued as I have read some excerpts of the court recordings from that particular case. She was an elderly woman, and she had to get skin grafts on her inner thighs. Before she sued, she had only asked for her medical costs to be covered and was denied a settlement.

    I am talking about an incident that happened to me. A new staff member at a coffee shop spilled boiling hot water on my hand and I had a scar for years. It was an accident, and it never even occurred to me to sue. That was my point.

    Suing for burns is not the same thing as suing for discrimination when there is no real discrimination present. The lawsuit in question is significantly more frivolous.
  • gwensoul
    gwensoul Posts: 87 Member
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    Troutsy wrote: »
    JoRocka wrote: »
    maidentl wrote: »
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    Exactly. If she had been burned by water of an appropriate temperature she would not have had a case. It was because the water did so much more damage to her body due to its unusually high temperature.

    stupidity shouldn't be rewarded with money.

    but.... 'Murica haha

    So it is okay for companies to put you in more dangerous situations than asked for? I expect drinks to be hot, I don't expect them to give me 3rd degree burns because you are not supposed to keep them that hot.

  • Azexas
    Azexas Posts: 4,334 Member
    edited February 2015
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    JoRocka wrote: »
    Troutsy wrote: »
    JoRocka wrote: »
    maidentl wrote: »
    herrspoons wrote: »
    The McDonald's case was fair. No, it isn't smart to drive with coffee between your legs, but it isn't appropriate to use superheated water, which takes the coffee to an unsafe temperature.

    That's what McDonald's got pinged for, not an isolated incident of someone being a dumbass, but for a failure of duty of care.

    Exactly. If she had been burned by water of an appropriate temperature she would not have had a case. It was because the water did so much more damage to her body due to its unusually high temperature.

    stupidity shouldn't be rewarded with money.

    but.... 'Murica haha
    heh. truth.

    I was complaining about Snookie buying a 2.6 M$ home here in NJ and I was like WTF does this woman have this much money. And my coworker said- because she's willing to do stupid things on TV... I was like NOOOOOOO I'm more than willing to do stupid things on TV and get paid for it!!! WHY AM I NOT A MILLIONAIRE YET!!! DMANIT! Plus I'm better looking and funnier! And smarter!!!!!

    asd;lkfj;sldkfj

    You can have her! She used to live in my town :s And when Jersey shore came out all I heard in college was "Oh you're from Poughkeepsie? Isn't that where Snookie is from"