Title, Risk of Loss, & Products Liability
As you read chapters 18, 19, & 20, you will learn how risk of loss follows titled ownership of good as well as comprehensive legal theories enabling recovery in products liability cases.
In 1994, Stella Liebeck, while being a passenger in a parked vehicle, was holding a cup of coffee she has just received while going through the drive thru.
While the cup was between her legs, the lid popped off and soaked her pants with coffee determined to be 180 to 190 degrees Fahrenheit in temperature. Stella suffered 2nd and 3rd degree burns on her legs and groin area. She required multiple surgeries and skin grafts. She asked McDonald’s to pay for her medical bills and lower the temperature of the coffee so as to prevent future scald injuries.
Identify the theories of product liability that Stella could rely upon when suing McDonald’s for compensation of her injuries. In your opinion, should she recover damages? Why or why not?