Everyone knows about the McDonald’s hot coffee lawsuit in the mid-90s. Or at least, they think they know. Hot Coffee, a recent HBO documentary, strives to tell the truth about this case, and other civil lawsuits, that have been deemed “frivolous” and the impact of tort reform on the United States’ civil justice system. Sound kinda boring? I thought so too – at first.
It analyzes and discusses four cases and how each one relates to “tort reform.” It begins with the infamous Liebeck v. McDonald’s Restaurants case in 1994, which has practically entered into urban legend. I certainly thought I knew the details of the case, but I only knew the inaccuracies and the game of Chinese whispers I had heard in the media. In truth, Ms. Liebeck was a 79-year old lady, sitting in the passenger seat of a parked car, who, while trying to add cream and sugar to her coffee, pulled off the lid and spilled the cup of coffee on her lap. Coffee that, in keeping with McDonald’s franchise instructions, had been kept at 180-190 degrees Fahrenheit. At that temperature, the coffee would cause a third-degree burn in two to seven seconds. And indeed, Ms. Liebeck suffered severe third-degree burns in her pelvic area, and the documentary does not skimp on the photographic evidence – the burns are appalling. Nor was Ms. Liebeck the first to suffer terrible burns because of their coffee – there had been over 700 prior complaints. (And these are just the individuals who made the effort to lodge a formal complaint.)
As well Ms. Liebeck’s case, the documentary goes on to discuss Colin Gourley’s malpractice lawsuit and caps on damages; the prosecution of Mississippi Justice Oliver Diaz and the buying of judicial elections; Jamie Leigh Jones v. Halliburton Co. and the growing pervasiveness of mandatory arbitration.
The documentary concludes by examining how the plague of mandatory arbitration is swiftly erasing many individuals’ ability to take complaints to the courts. Own a credit card? Cell phone? Well, if you do, it’s almost certain you have signed away your right to a civil trial in your contract and if you ever have a serious complaint and feel entitled to claiming damages, you will be forced into secret mandatory arbitration with an arbitrator who – wait for it – has been chosen by the corporation itself!
Hot Coffee is an eye-opening, jaw-dropping documentary that exposes how corporations have spent millions on a propaganda campaign to distort the average American’s view of these civil lawsuits. This documentary will forever change what you think you know about “frivolous lawsuits” – in reality, what you’ve been told by corporations and doctors afraid of being sued.
The way that the individual’s rights have been infringed upon by mandatory arbitration, caps on damages, and corporate campaign contributions is unacceptable. Hot Coffee shows how access to the courts has been blocked by greed, corruption, and the power of special interests and how the U.S. civil justice system has been changed – maybe forever.
Check the WRL catalog for Hot Coffee.