In this case Mrs Stella Liebeck sued McDonald’s Restaurants for personal injuries, suffered after she burnt herself on hot coffee bought from a McDonald’s restaurant in New Mexico, USA.The action was based on the tort of negligence.
Mrs Liebeck alleged that McDonald’s had been negligent in serving coffee at a temperature at which it could cause burns. McDonald’s denied this, arguing that the heat of its coffee was not unreasonable. It also alleged that Mrs Liebeck was to blame for her own injuries, because of the way she handled the coffee cup.
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