Both of the cases
brought against food giant, McDonald’s seem to be frivolous on the
surface. Hot coffee and obese children
are not things that most people would take before a judge. After reading about the cases I do not
believe that McDonald’s is at fault in either case.
The woman asked for
hot coffee. An employee did not dose her
with the cup, she spilled it on herself.
In the case of McDonald’s causing childhood obesity, again, the parents
willingly fed the children the company’s food.
McDonald’s only claims to use fresh ingredients, not healthy ones. From where I stand both cases are not an
issue of product liability but consumer responsibility. The other day, I went into a shop and ordered
a cup of hot tea. It was so hot I could
not even pick up the cup. I asked the
barista to give me another cup to take some of the heat from my fingers and ice
cubes to cool the scalding tea. As the
consumer, we have to be responsible and not place hot products on or near our
skin. It is also not a good idea to handle
food or drink in a vehicle, moving or otherwise, which is what the plaintiff
did.
With regard to
childhood obesity, the parents are ultimately responsible for what their
children are eating. McDonald’s ads are
not deceptive, but people make assumptions of their own volition. The ads claim freshness and taste not health
and wellness when it comes to their food.
Consumers have to understand that eating food that is fried, especially
deep fried, is not healthy. Consumers
also need to be aware that eating the same foods over and over is not a
balanced diet.
The only issue that I
can take up with the food corporation with regard to the issues at hand is the
need for McDonald’s to stop marketing to children and young adults whose discernment
is not fully developed. Children are
vulnerable to manipulation but parents, the adults, ought to know better. McDonald’s
has done a lot in recent years by putting healthier – not healthy, healthier
than older items – on the menu and including the caloric intake for each
item. They do not have to provide such
information but are doing the ethical thing, as they are fully aware of the
national obesity epidemic. It is a
socially responsible step in the right direction.
Bibliography
Devan, A. (2010,
August 27). McDonald's and Product Liability Lawsuits. Retrieved
November 8, 2012, from Yahoo Voices:
http://voices.yahoo.com/mcdonalds-product-liability-lawsuits-6644390.html
Obama, V. (2010, January 5). Liebeck V. McDonald's Restaurants or
"McDonald's Coffee Case". Retrieved November 8, 2012, from Yahoo
Voices:
http://voices.yahoo.com/liebeck-v-mcdonalds-restaurants-mcdonalds-coffee-5185635.html?cat=17
O'Brien, G. (2011, May 31). Marketing to Children: Accepting
Responsibility. Retrieved November 8, 2012, from Business Ethics: The
Magazine of Corporate Responsibility:
http://business-ethics.com/2011/05/31/1441-marketing-to-children-accepting-responsibility/
The Actual Facts about the McDonald's Coffee Case. (1996). Retrieved November
8, 2012, from the Lectric Law Library: http://www.lectlaw.com/files/cur78.htm
Wald, J. (2003, February 17). McDonald's Obesity Suit Tossed.
Retrieved November 8, 2012, from CNN Money:
http://money.cnn.com/2003/01/22/news/companies/mcdonalds/
I mostly agree with you on the Pelman case, parents and consumers must take an active role and responsibility for what they consumer or allow their children to eat. However, I disagree that McDonald's had no liability in the Leibeck incident. They mandate that coffee is served at a temperature hot enough to cause third degree burns, even after settling over 700 other burn claims. I believe they failed to use due care in serving drive thru coffee.
ReplyDeleteAs Cynthia says above, do you think McDonald's is in any way liable considering they received complaints and settled previous cases of burn injuries from the coffee? If a company has a defective product (as could be argued to be the case with the boiling coffee) should they address that?
ReplyDeleteYour story about getting tea that was scalding hot is a good example and valid point. Thanks for your post, I enjoyed reading it.