McDonalds Should Take Initiative towards Hot Foods - Especially Coffee - Research Paper Example

Coffee Spill Heard Around the World Table of Contents Ethical Obligation 2 1. 3 2. 4 3. 5 4. 6 5. 7 6. 8 7. 9 References 11 Bibliography 13 Ethical Obligation The majority of the court cases all over the world that have been against McDonald’s are related to hot coffee spills. The brewing of coffee at too hot a temperature has been a serious reason for the burns of the consumers and forced them to go for a lawsuit against McDonald’s (NetAlive, 2010). Ascertaining CSR (Corporate Social Responsibility) is not an uncomplicated task, and it results in many problems and risks. APO observed, “CSR requires support not only from shareholders and investors but also from customers, employees, and communities” (Asian Productive Organization, 2006). In order to adhere to the ethical issues those erupted against McDonald’s, they need to respond to the problems through the consumer relationship building strategy. The focus is upon the consumers as products are delivered according to their demands and thus it is the responsibility of the company to take care of all the issues arising against the company. There have been several complaints against McDonald’s related to hot coffee spills but according to the company’s statistics it is low. Hence, they do not take the issue seriously. But it is the corporate social responsibility of the company to address the issues and settle those. 1. Stella Liebeck vs. McDonald’s has been the case of the hot coffee spill and became renowned as the coffee spill case in the world. The major issue to the Lieback case was regarding the hot coffee temperature that caused a third degree burn to Stella Liebeck (LSB Media LLC, 2010). The spill of the hot coffee burned her lap. The temperature of the coffee was hot enough that it caused a third degree burn. Even the experts of burn have said that the burn was extreme and it falls in the third degree burn category. There was a similar case with Bogle against McDonald’s in the UK. The case was regarding the temperature level of the coffee being served by McDonald’s. The client had noted that if the temperature of the coffee had been less hot then the accident could have been avoided (Frank, 2006). Karen Muth from California had reported the same issue regarding the temperature of the coffee that had damaged her skin at a level of second degree burn. She had a lawsuit against McDonald’s and received compensation from the company. The other case was related to hot pickle. Veronica Martin filed a lawsuit against McDonald’s that stated that she had a permanent scar on the chin due to the hot pickle that fell down on her chin while she was eating her hamburger. This case was also the issue related to the temperature level of the product that McDonald’s has been offering. In response to all the cases, few writers have commented that the coffee needs to be heated at high temperature because aroma is produced at that particular level. Another author has said that due to the high temperature, McDonald’s has been successful in selling more than millions cups of coffee annually. In response to this, McDonald’s said that they provide the coffee at this temperature according to the consumers’ demands. 2. In the context of Liebeck and other cases against McDonald’s the CSR of the company towards the consumers should have been in positive manner rather than dragging the issue to the court. It is the social responsibility of the corporation to provide justification to the consumers. It is unethical for the company not to address the issues raised by the consumers. The corporation comes under the legal act of consumers. Legally, corporation is liable to compensate the consumers in different ways. The consumers should also act accordingly to the product that contains hot materials like hot coffee, burgers. Knowing the coffee to be hot and can damage the skin; precautions should be taken accordingly such as they should follow the instruction. For example, McDonald’s coffee cups contain the information: “caution: contents hot” (Global Business Publishing Ltd, 2010). The information plays an important role in delivering the products according to the consumers’ demand and at the same time protects them. McDonald’s has been using this tool in the form of informing the consumers. 3. Arguments supporting Liebeck Position: An important as well as risky scenario of selling hot coffee that was dangerous for skin was neglected by the company. The coffee that the company provides is at such a temperature that it can even affect seriously during consumption. The argument was about the level of temperature of the coffee that is offered to the consumers. There were 700 complaints against McDonald’s regarding the hot coffee and that was the supporting argument. An executive of McDonald’s confirmed that the company already knew that serious burns were caused by the coffee at times. Arguments supporting McDonald’s Position: The statement of coffee being hot and demanded in this way by consumers was a strong support to the argument. The argument was the unwise act of Liebeck to put the cup of hot coffee between her knees. The argument was also related to her for not leaping out of the seat of the car in order to prevent the coffee falling upon her legs (Cain, n.d.). 4. Support for Stella Liebeck: In the case of Liebeck vs. McDonald’s, the reason for supporting Stella was for the third degree burn she was suffering from and the lower level of instruction provided by McDonald’s upon the coffee cup. The CSR has not been delivered properly towards the consumers from the McDonald’s end. Despite 700 complaints the company has not done anything towards the consumers. The level of caution about contains of hot coffee wasn’t enough to catch the eyes of the consumers. Support for McDonald’s: McDonald’s has been delivering such hot coffees according to the consumers’ demands. The level at which the coffee aroma is produced is high and they need to maintain quality and satisfy consumers and survive in the market. Liebeck could have avoided the accident if she acted wisely while opening the coffee cup lid not positioning it between her legs. There were faults from both the sides. McDonald’s should warn the consumers about the warm coffee through simple highlighted information on the coffee-cup to avoid such accidents. Stella Liebeck should have acted wisely and thus, could have avoided the accident. For Pickle Burn Case For the case of pickle burn the company will be supported in the argument. The hamburgers are demanded in this way and it is up to the consumers how they want to consume it. The issue of permanent scars is not the actual concern instead serving hot hamburgers is the issue. But it totally depends upon the consumers’ way of food consumption. 5. The similarities that have been found in all the coffee cases and the pickle burn case are the concerns related to the level of heat or temperature that the food and beverage items contain and how it can affect or damage a consumer. The difference that has been found out in the coffee case and pickle case is the heat or temperature contained in coffee and hamburger. Both fall in different categories. One is a beverage item and other is a fast food item. Apart from being burned externally and internally from the beverages and foods items that are hot, there is no possibility of other serious damages. While consumption, the mouth might get affected due to the temperature level of the items and if spilled over, it can burn the skin. Depending upon the skin sensitivity of the people it might cause external or internal injury. McDonald’s and other restaurants should take initiative towards the issue of hot items. The awareness and information should be utilized by these industries to provide information to the consumers. This will help in reduction of such accidental problems. At the point of delivery of the beverages and hot food items the consumers should be informed verbally by the person providing the service as a measure to prevent accidents. Since consumers are busy, they do not read the instructions on the coffee cups and consume it. If properly informed about being hot, verbally, it will change the mindset of the consumer. 6. The ‘Stella Award’ is given to best lawsuit every year. But when such cases are related to big corporations it becomes the hot news in the world. As observed by Levin, “Coverage of big awards for Plaintiffs helps distort view of legal system. In most such cases, the verdicts are either later rejected or the amounts are severely lowered” (Levin, 2005). The legal system views are distorted through the cases and awards of such nature. There are cases that should not be bought to court, since there are many serious cases that are important and due to time constraint it gets delayed. These cases are awarded and the impact lies upon the verdict of the case that is delayed due to this reasons. The serious issue is of the distrust of justice and its changing culture. There are many cases that have been put forward and due to these types of cases people are afraid of one another. The legal expert, Philip Howard said to ABC News’ law and justice unit that this is the reason doctors prescribes needless tests; teachers do not put an arm around a crying child. The level of distrust of justice has been increased which is due to the changing culture (Ali, 2007). Another part is, the verdicts are later rejected or the amount of compensation is lowered down. In the overall process the award system makes light of serious problems. Everyday there are lots of lawsuits that are more serious in nature and requires time for the verdicts. 7. The cases that are referred here and more cases of similar nature, provide reference to other cases in the house of law. There are people who become victimized by the corporations and want for justice. These cases motivate them for justice and acts as a reference. On the other hand, the corporations are being aware about the products that are of similar nature and can cause damage up to certain level. These cases serves as a guidance for the food industry about the risk involved in it and what can be the best possible way to avoid such problems. The CSR of a business is expected up to a certain limit and beyond that limit the business cannot be expected to perform. The culture has been changing and it result in huge change in the society. It is not only the responsibility of the business towards the society, but also the society is also responsible to the business. The legal system plays a major role in developing such cultures. The attorney helps their clients when they are in need and the work of the attorney ensures that people can live in a safe and healthy society. Negligent people and corporation needs to pay civil damages if they do not respond safely and responsibly. It is the responsibility of the attorney, to ensure that the federal, state and local laws and regulations are present to protect the public at large. These cases that are highlighted during the study have forced to think about the society we are living in. It has portrayed the picture of the society where the business is responsible for the consumers’ accidents and the people are careless in using the products. The case of Stella Liebeck and Veronica Martin has shown the carelessness and accidental example of the use of the product. There are many cases which are of similar nature and represent the society where business is responsible for the careless and accidental application of the products. References Asian Productive Organization, (2006). Management Forum: Corporate Social Responsibility. Top Management Forum. Retrieved Online on December 01, 2010 from http://www.apo-tokyo.org/00e-books/IS-17_CorpSocialResp/IS-17_CorpSocialResp.pdf Ali, M. M., (2007). The Great American Pant Suit, or Why Some Cases Should Never Be Bought To Court. AZMI & Associates. Retrieved Online on December 01, 2010 from http://www.azmilaw.com.my/archives/Article_9_$67_million_trousers_a_case_for_law_reform_00093613-2_.pdf Cain, K. G., (No Date). The McDonald’s Coffee Lawsuit. Journal of Consumer & Commercial Law. Retrieved Online on December 01, 2010 from http://www.jtexconsumerlaw.com/V11N1/Coffee.pdf Frank, T., (2006). British hot coffee: Bogle v. McDonald’s. Overlawyered. Retrieved Online on December 01, 2010 from http://overlawyered.com/2006/09/british-hot-coffee-bogle-v-mcdonalds/ Global Business Publishing Ltd, (2010). McDonald’s. International Law Office. Retrieved Online on December 01, 2010 from http://www.internationallawoffice.com/Newsletters/Detail.aspx?r=5482 LSB Media LLC, (2010). The Famous/Infamous McDonald's Coffee Spill Lawsuit Revisited. Lawsuit. Retrieved Online on December 01, 2010 from http://www.slip-and-sue.com/the-famous-infamous-mcdonalds-coffee-spill-lawsuit-revisited/ Levin, M., (2005). Lawsuits. Chicago-Kent College of Law. Retrieved Online on December 01, 2010 from http://www.kentlaw.edu/faculty/rbrill/classes/BrillTortsF2007Eve/CoursePages/Course_docs/Supp_material/Frivolous_Suits.html NetAlive, (2010). American Lawsuits Reality Check. Current Events. Retrieved Online on December 01, 2010 from http://www.netalive.org/topics/2620 Bibliography Carroll, A. B. & Buchholtz, A. K., (2006). The Coffee Spill Heard ‘Round the World. Case 25. MTU Department of Social Sciences, (No Date). The McDonalds Case – A Legal Icon. Social Science. Retrieved Online on December 01, 2010 from http://www.social.mtu.edu/faculty/speters/WrightsMcDonaldsfacts.htm Read More