Starbucks coffee is not served anywhere near that hot. By their corporate guidance, the normal acceptable range of temperature for coffee served to customers is 145-165F. If you poured that in your lap, it would be very unlikely for you to receive third degree burns. The burn risk of water goes up very rapidly as temperature is increased above that. This is the entire point of the court case -- nearly everyone else in the country served coffee ~30-40F cooler than Mac, due to having found the risks too great, yet even after hundreds of complaints, MacDonalds decided to keep their temperature higher.
True, it's usually not, although it's considered a "hack" to get better coffee to ask for hotter coffee from Starbucks (so that your drink stays warm in the cold and when you are taking your coffee with you): http://www.businessinsider.com/starbucks-drink-extra-hot-201...
The National Coffee Association recommends brewing between 195 and 205 and holding around 180 to 185 if not serving immediately (which it recommends). Source: http://www.ncausa.org/i4a/pages/index.cfm?pageid=71
Many people who brew coffee at home have coffee that can be as hot as 205F. Fancy fresh pour over coffee from a nice coffeehouse will have just been brewed with water around that temperature.
And it also raises the interesting question of what these places are supposed to do about tea: if they serve you hot water and a tea bag, the water served should be close to boiling if it's herbal or black tea to get a proper extraction.
Either way, it's not quite so simple as "McDonalds was careless".
No, it's far worse than McDonalds being careless: They knew that their practice was dangerous, and regularly resulted in medical treatments, yet did not change their procedures.
The fact that someone gets hurt does not prove that there was negligence. Compare how many people get into car accidents on the way to McDonalds.
McDonalds coffee, conversely, is just plain old shit. It's the worst coffee I've ever had, and that is saying quite a lot. If you've ever tasted it, you know that they could brew it at 200, 180, or 140, and it's still going to taste just as godawful. There is absolutely no reason they need to be passing it out the drive-through window at temperatures high enough to peel skin and poach flesh if the half-awake minimum-wage worker who poured it didn't pop the lid on quite right -- or if, while taking the cup and getting it settled into the console, you fail to pay the sort of attention commensurate to a potentially life-threatening process which you probably didn't realize was potentially life-threatening.
Whose fault is it?
Does Starbucks have to lower the temperature of the coffee they're serving to maybe 115F in order to avoid responsibility? If I spill it in someone's eye, that may still cause an injury. Does Starbucks need to serve their hot coffee at 98.6F?
I don't know. It just starts to sound ridiculous on how sellers are supposed to completely protect us from ourselves when we misuse the products we buy.
WalMart sells guns, and those can be horribly misused quite easily.
The details of the case are there for all to see and in no way do they paint a picture of common coffee incidents, despite the gratuitously oversimplified and cliched versions pandered to us by a generation of comics.
To continue your Walmart analogy, the expectation would be that the guns are sold empty. But if instead Walmart were selling guns preloaded without warning the customers that there were bullets already in the guns, I would argue that Walmart would be at least some percentage at fault when some percentage of their customers inevitably shot themselves or others, just as it was some percentage McDonald's fault when their customers spilled the dangerously hot coffee on themselves.
I see your point, but I think it might be worth clarifying that despite Walmart's probable liability, this would in no way indemnify their customers; the first rule of gun safety is RESPECT EVERY GUN AS LOADED until disassembled into its component parts, no exceptions.
That expectation is unreasonable. If you go to Starbucks today and get a black coffee, that coffee will be hot enough to give you third degree burns. If you buy black coffee from Mcdonalds today, it will likely be just as hot as the coffee was that burned that woman two decades ago.
The industry standard was and continues to be serving coffee that can cause 3rd degree burns. You would do well to expect that.
Can anyone provide a reliable source for whether or not there is a standard temperature for coffee (and what that temperature is, if it exists)? Obviously, a certain degree of variance is expected based on the time between brewing and serving - if the variance really is ~50 degrees F, I don't see anything wrong with that answer if it's sourced.
To do so is a disservice to the customer. (I also own two restaurants.)
[1] http://aerobie.com/images/AeroPress%20Instructions%20for%20W...
