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Boy gets €70,000 for Hot Chocolate Burn

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    #32
    thebaz
    Registered Users Posts: 13,630 ✭✭✭✭thebaz


    Yer Da sells Avon wrote: »
    You're also not supposed to sell it so hot that it gives a child second-degree burns.



    Perhaps they will still be able to order hot chocolate; it just won't be scalding hot.

    Right , problem solved just sell cold Choclate , to appease the greedy and easily traumatised - Accidents happen in life - its called life , but come to Ireland and make a living from accidental mishaps.


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    #33
    Obvious Desperate Breakfasts
    Closed Accounts Posts: 8,474 ✭✭✭Obvious Desperate Breakfasts


    Rennaws wrote: »
    Even if he did though, he made a full recovery. We all get burnt from time to time. Surely as a parent you’d be just happy your kid is ok.

    These claims are driven by greed plain and simple..

    I wouldn’t think second-degree burns are that common?

    In the famous McDonald’s case, the liquid was ridiculously hot, way above what it needed to be. Could be something similar here? In that case, the woman had to accept a percentage of the blame. But did you see the burns she received? Much worse than many people realise.


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    #34
    Yer Da sells Avon
    Closed Accounts Posts: 3,737 ✭✭✭Yer Da sells Avon


    thebaz wrote: »
    Right , problem solved just sell cold Choclate , to appease the greedy and easily traumatised - Accidents happen in life - its called life , but come to Ireland and make a living from accidental mishaps.

    Even better - just sell it at any temperature that won't injure a child.


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    #35
    thebaz
    Registered Users Posts: 13,630 ✭✭✭✭thebaz


    Yer Da sells Avon wrote: »
    Even better - just sell it at any temperature that won't injure a child.

    even better just ban selling hot drinks to children - thats what cases like this will lead to . Pure greed, people in most countrys just laugh at us and our pathetic compo culture.


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    #36
    Yer Da sells Avon
    Closed Accounts Posts: 3,737 ✭✭✭Yer Da sells Avon


    thebaz wrote: »
    even better just ban selling hot drinks to children - thats what cases like this will lead to . Pure greed, people in most countrys just laugh at us and our pathetic compo culture.

    Selling drinks that are warm but won't cause serious burns isn't that complicated.


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    #37
    thebaz
    Registered Users Posts: 13,630 ✭✭✭✭thebaz


    Yer Da sells Avon wrote: »
    Selling drinks that are warm but won't cause serious burns isn't that complicated.

    spill any coffee from any coffee shop on you and it will burn - good luck, I'm done debating nonsense - your happy , I'm not.


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    #38
    CPTM
    Registered Users Posts: 1,313 ✭✭✭CPTM


    Pops_20 wrote: »
    Came across this just minutes ago, and I can't believe it.

    https://www.irishtimes.com/news/crime-and-law/courts/high-court/boy-who-claimed-hot-chocolate-burn-on-aer-lingus-flight-settles-for-70-000-1.3785973

    I clicked the link assuming the flight attendant spilled the drink on him, but no... The child spilled the drink on himself after removing the lid!

    This reminds of the girl who tagged along the side of the Luas and got some ridiculous settlement.

    Can someone more familiar with the law than me explain why are people getting awarded money for something that was their own fault?

    Why should Aer Lingus have to pay when they didn't do anything that contributed to the incident?

    Did he actually get the money? Or did he go to hospital, and get treatment that cost 70,000?! Sometimes these cases are just procedure to claim insurance for these accidents because one person to take on that much debt for an accident is too much. I would be very surprised if he spilled a little hot chocolate, went home to watch cartoons and woke up one day with 70,000 in his account. I imagine whatever hospital he went to got some, and his lawyers got what's left. But the papers get more people sharing links when they don't reveal that bit.


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    #39
    Yer Da sells Avon
    Closed Accounts Posts: 3,737 ✭✭✭Yer Da sells Avon


    thebaz wrote: »
    spill any coffee from any coffee shop on you and it will burn - good luck, I'm done debating nonsense - your happy , I'm not.

    Just don't sell it to children (who are invariably more likely to spill it on themselves) at a temperature high enough to burn through their skin. Problem solved.


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    #40
    Alrigghtythen
    Closed Accounts Posts: 1,365 ✭✭✭Alrigghtythen


    Yer Da sells Avon wrote: »
    Just don't sell it to children (who are invariably more likely to spill it on themselves) at a temperature high enough to burn through their skin. Problem solved.

    Hot drinks should be limited to over 18s only.


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    #41
    imme
    Registered Users Posts: 3,200 ✭✭✭imme


    The so-called "new Irish" are fast learners.

    Shocking case altogether.

    How these people can sleep at night is beyond me.


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    #42
    Blazer
    Registered Users Posts: 17,428 ✭✭✭✭Blazer


    I reckon the son got an iphone and Daddy went on a coke and hookers weekend.
    Next comp case is the iphone burnt his hand while it was charging as it was a mite bit too hot.


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    #43
    gozunda
    Registered Users Posts: 18,996 ✭✭✭✭gozunda


    An absolutely crazy settlement imo


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    #44
    Humphrey BoaGart
    Closed Accounts Posts: 61 ✭✭Humphrey BoaGart


    The compo ballet goes on.


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    #45
    Potential-Monke
    Registered Users Posts: 13,915 ✭✭✭✭Potential-Monke


    Don't hot drinks have to be served at a certain minimum temperature due to health and safety of the contents, ie: can't be served at a temperature that germs/bacteria could grow in?

    But, it's another fine example of lack of personal responsibility and bad parenting. A: What idiot thinks a hot drink is drinkable the second you get it? B: Why didn't the father put in the milk and make sure the lid was secure?


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    #46
    thegills
    Registered Users Posts: 1,802 ✭✭✭thegills


    Aer Lingus hot chocolate is just boiling water poured into a cup of chocolate powder and dried milk mix. Don't know how they ever got approved to sell it in the first place.


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    #47
    enricoh
    Registered Users Posts: 4,876 ✭✭✭enricoh


    imme wrote: »
    The so-called "new Irish" are fast learners.

    Shocking case altogether.

    How these people can sleep at night is beyond me.

    I was in the local polish shop recently, waiting to get a bit of ham sliced. There was a freebie paper on the counter for the polish in ireland. There were 4 or 5 irish solicitors touting for business on the front page alone. They're not advertising for the craic - eye opener.


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    #48
    sabat
    Banned (with Prison Access) Posts: 2,896 ✭✭✭sabat


    Simple rule of thumb to judge whether an award is excessive is if you would voluntarily perform the accident in exchange for the sum. For 70k I'd pour a hot drink on myself no problem--I'd probably do it for about 4 grand. Conversely, I wouldn't lose my cock or be quadriplegic, even for 100 billion .


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    #49
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    For Forks Sake wrote: »
    Aer Lingus settled for the amount. Nowt to do with the judge.

    They settled in the expectation of losing.


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    #50
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Yer Da sells Avon wrote: »
    You're also not supposed to sell it so hot that it gives a child second-degree burns.



    Perhaps they will still be able to order hot chocolate; it just won't be scalding hot.

    You can get second degree burns from sunburn. Not that big a deal.


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    #51
    Yer Da sells Avon
    Closed Accounts Posts: 3,737 ✭✭✭Yer Da sells Avon


    Franz Von Peppercorn wrote: »
    They settled in the expectation of losing.

    Or even winning, having paid a lot more than €70,000 in legal fees. Perhaps, if legal fees weren't so high, companies wouldn't feel the need to make large out-of-court settlements. Whatever the result, the legal industry is the big winner in these cases.


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    #52
    pwurple
    Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    sabat wrote: »
    Simple rule of thumb to judge whether an award is excessive is if you would voluntarily perform the accident in exchange for the sum. For 70k I'd pour a hot drink on myself no problem--I'd probably do it for about 4 grand. Conversely, I wouldn't lose my cock or be quadriplegic, even for 100 billion .

    If you spill a hot drink over your cock, it’s lost.

    Still ok for the 4K?


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    #53
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Yer Da sells Avon wrote: »
    Selling drinks that are warm but won't cause serious burns isn't that complicated.

    If applied everywhere then all restaurants and cafes would sell tepid drinks. You can get a second degree burn at 70c


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    #54
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    pwurple wrote: »
    If you spill a hot drink over your cock, it’s lost.

    Still ok for the 4K?

    No it’s not. It will scald and heal.


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    #55
    Yer Da sells Avon
    Closed Accounts Posts: 3,737 ✭✭✭Yer Da sells Avon


    sabat wrote: »
    Conversely, I wouldn't lose my cock or be quadriplegic, even for 100 billion .

    I'd chop half my cock off for a hundred grand, as long as it was possible to sew the tip back onto the shaft. Six inches would be more than enough anyway.


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    #56
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Yer Da sells Avon wrote: »
    Or even winning, having paid a lot more than €70,000 in legal fees. Perhaps, if legal fees weren't so high, companies wouldn't feel the need to make large out-of-court settlements. Whatever the result, the legal industry is the big winner in these cases.

    The entire legal system then, not just the judiciary, is responsible.

    Judges tend not to award costs against claims they don’t even believe.


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    #57
    EdgeCase
    Closed Accounts Posts: 2,471 ✭✭✭EdgeCase


    Little Less Conversation wrote: »
    This will be the reason why we will end up with cold tea, coffee, hot chocolate and soup.

    It just means your coffee will come with an unmentioned insurance levy and will cost about €5.99 eventually.


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    #58
    CrankyHaus
    Closed Accounts Posts: 2,281 ✭✭✭CrankyHaus


    I suspect they settled when they found themselves in front of Judge Kevin Cross.

    Look up some of his greatest hits. €260,000 for someone who tripped on a 5 mm lip (about 2 €1 coins) on a footpath for example.

    Aer Lingus probably knew they couldn't get a fair crack of the whip and decided why lose and create a binding precedent that hot drinks served...hot gives grounds to sue to anyone who spills it on themselves.


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    #59
    0ph0rce0
    Registered Users Posts: 3,936 ✭✭✭0ph0rce0


    Liam Neeson would sort this out in a jiffy


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    #60
    angel eyes 2012
    Registered Users Posts: 905 ✭✭✭angel eyes 2012


    For Forks Sake wrote: »
    Aer Lingus settled for the amount. Nowt to do with the judge.

    Judges have to approve any settlements invoving minors. On occasion, a judge can reject an offer, seek more medical reports adjourn the case, or direct an increase or decrease on the initial offer.


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    #61
    skD13
    Registered Users Posts: 172 ✭✭skD13


    Claims culture does seem to be over the top in Ireland. I've had many 'claimey' incidents in my life where the thought of taking a claim didn't even occur to me. I just wanted to get patched up. For some though, it seems a hard-wired reflex action.

    However, I have often noted to myself the temperature of teas/coffees served on planes. Considering they are being passed over people's heads, they could turn the thermostat down a few degrees.


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