Don’t Believe the Hype: Why the Media Gets It Wrong When it Comes to Personal Injury Cases

A recent story from New Jersey echoes the past. A headline from NJ1015.com reads “NJ woman gets $522,000 for coffee spill: Are these cases always crazy?” The reality of the situation, however, is that Maria Marsala tripped over an exposed piece of steel rebar from a broken parking block outside a coffee shop, causing her to spill her coffee on her face and neck. She also suffered back and shoulder injuries which required surgery, and then had to wait three years before she saw justice served.

Local news headlines make it seem as though Ms. Marsala is suing because her coffee was hot, but that is not true. This is a classic trip-and-fall case, a form of premises liability. Because she also happened to be holding a cup of hot coffee at the time, she suffered additional burn injuries. Whether or not she had been holding that cup, Ms. Marsala was likely to be awarded compensation because of the injuries she sustained form the fall, though what that award would be is impossible to determine, as the full documentation of the case was not released.

The country’s most famous hot coffee case

In 1992, Stella Liebeck was 79 years old. She went to McDonalds with her grandson, and was sitting in the passenger seat of the parked with a cup of coffee between her legs. The lid popped off, spilling hot coffee on to her lap and soaking her sweatpants. She suffered third degree burns to her legs and groin.

Ms. Liebeck took the proper route; she contacted the McDonalds corporation and asked for recompense for her medical bills. Because her burns were so severe, she required skin grafts and an extensive period of convalescence. Consequently, her medical bills ran into tens of thousands of dollars. In response to her letter, McDonald’s offered her the paltry sum of $800. She sued McDonalds and was awarded the full amount of her medical bills plus punitive damages. Reports at the time, and since, have quoted that she received $2.9 million in total for spilling a cup of coffee. She was the butt of numerous jokes, and the lawsuit continues to be negatively referenced in pop culture.

However, Ms. Liebck suffered burns over 16% of her body, and was in pain for much of her recovery. McDonalds, it turned out, had failed to take action on over 700 earlier complaints of injuries stemming from overly hot coffee. During the ruling, the judge reduced the punitive damage award, and Ms. Liebeck recovered a mere $500,000 for months of painful medical procedures.

Ms. Liebeck suffered criticism and outraged backlash for participating in an “overly litigious society,” just as Ms. Marsala has suffered. However, both ladies’ injuries were serious, their pain was very real, and McDonalds and Dunkin’ Donuts were negligent in addressing the situation.

As usual, the devil is in the details. People are often afraid to seek compensation, even when they have suffered devastating injuries and have a legitimate complaint. Serious injuries caused by gross negligence can require compensation for lost income, loss of intimacy, and pain and suffering. If you or someone you know has suffered an injury due to negligence, McGowan, Hood, Felder & Phillips, LLC wants to help. Please contact us to make an appointment with an experienced South Carolina personal injury attorney today.