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Boy gets €70,000 for Hot Chocolate Burn

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    #2
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Judicary once again.


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    #3
    namloc1980
    Registered Users Posts: 18,124 ✭✭✭✭namloc1980


    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?

    They settled according to the article.


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    #4
    Franz Von Peppercorn
    Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    namloc1980 wrote: »
    They settled according to the article.

    Without admitting liability.


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    #5
    soups05
    Registered Users Posts: 1,086 ✭✭✭soups05


    I would imagine it is along the lines of the drink being served too hot, hence the milk portions they gave him. Thus they set up a situation where he had to remove the lid and run the risk of spilling the liquid.


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    #6
    armaghlad
    Closed Accounts Posts: 1,660 ✭✭✭armaghlad


    The claim culture in this country is ridiculous. The amount of (relatively innocuous) events that occurred during my childhood that I could have claimed for would have me close to having a fortune.


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    #7
    Alrigghtythen
    Closed Accounts Posts: 1,365 ✭✭✭Alrigghtythen


    Idiots


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    #8
    Little Less Conversation
    Banned (with Prison Access) Posts: 189 ✭✭Little Less Conversation


    This will be the reason why we will end up with cold tea, coffee, hot chocolate and soup.


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    #9
    Renegade Mechanic
    Registered Users Posts: 7,934 ✭✭✭Renegade Mechanic


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

    You'll still have people capable of drowning in them...


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    #10
    Yer Da sells Avon
    Closed Accounts Posts: 3,737 ✭✭✭Yer Da sells Avon


    Pops_20 wrote: »
    Why should Aer Lingus have to pay when they didn't do anything that contributed to the incident?

    Because they voluntarily decided that it would be cheaper than the legal fees incurred when defending the fact that they served a child a drink so hot that it causes second-degree burns when it comes into contact with skin.


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    #11
    For Forks Sake
    Registered Users Posts: 11,504 ✭✭✭✭For Forks Sake


    Franz Von Peppercorn wrote: »
    Judicary once again.

    Aer Lingus settled for the amount. Nowt to do with the judge.


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    #12
    Rows Grower
    Registered Users Posts: 7,887 ✭✭✭Rows Grower


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

    Or it may be a turning point in service provided by airline catering staff, it's not too much to expect surely with the prices they charge.

    "Very soon we are going to Mars. You wouldn't have been going to Mars if my opponent won, that I can tell you. You wouldn't even be thinking about it."

    Donald Trump, March 13th 2018.



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    #13
    Irish Guitarist
    Closed Accounts Posts: 5,736 ✭✭✭Irish Guitarist


    This may sound crazy but there's a possibility it did actually burn him. That woman in America who sued McDonalds over the hot coffee is often used an example of ridiculous law suits but the coffee did genuinely burn her very badly.

    Maybe this boy was burned pretty badly too, or maybe not. I just wouldn't make a judgement based on that article.


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    #14
    Fart
    Registered Users Posts: 1,825 ✭✭✭Fart


    Was someone supposed to drink it for him?


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    #15
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


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

    It is though really based on all the joke cases in the past that have won.


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    #16
    thebaz
    Registered Users Posts: 13,602 ✭✭✭✭thebaz


    Yer Da sells Avon wrote: »
    Because they voluntarily decided that it would be cheaper than the legal fees incurred when defending the fact that they served a child a drink so hot that it causes second-degree burns when it comes into contact with skin.

    Why didnt the father , who sued and made the claim, not do this dangerous task of adding milk , nevermind this kind of bull**** is what I hate most about Ireland.
    The legal gravy greed train keeps running.


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    #17
    namloc1980
    Registered Users Posts: 18,124 ✭✭✭✭namloc1980


    Irish Guitarist wrote: »
    This may sound crazy but there's a possibility it did actually burn him. That woman in America who sued McDonalds over the hot coffee is often used an example of ridiculous law suits but the coffee did genuinely burn her very badly.

    Maybe this boy was burned pretty badly too, or maybe not. I just wouldn't make a judgement based on that article.

    Second degree burn according to the article.


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    #18
    The Bishop Basher
    Registered Users Posts: 4,279 ✭✭✭The Bishop Basher


    Irish Guitarist wrote: »
    This may sound crazy but there's a possibility it did actually burn him.

    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..


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    #19
    Yer Da sells Avon
    Closed Accounts Posts: 3,737 ✭✭✭Yer Da sells Avon


    thebaz wrote: »
    Why didnt the father , who sued and made the claim, not do this dangerous task of adding milk , nevermind this kind of bull**** is what I hate most about Ireland.
    The legal gravy greed train keeps running.
    Perhaps he wrongly (but not unreasonably) assumed that 'hot chocolate' doesn't mean 'scalding hot chocolate'.


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    #20
    Irish Guitarist
    Closed Accounts Posts: 5,736 ✭✭✭Irish Guitarist


    This is a picture of the burns the woman who sued McDonalds suffered. I won't embed it because it's fairly graphic.

    http://deshawlaw.com/wp/wp-content/uploads/2018/06/hotcoffeejpeg-2534403_p9-1.jpg

    I'm not saying the boy was burned as severely as this, but people are still laughing about that woman and using her as an example of frivolous lawsuits without having any idea of the extent of her injuries.


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    #21
    coffee_cake
    Moderators, Category Moderators, Politics Moderators, Recreation & Hobbies Moderators, Society & Culture Moderators Posts: 81,309 CMod ✭✭✭✭coffee_cake


    Irish Guitarist wrote: »
    This may sound crazy but there's a possibility it did actually burn him. That woman in America who sued McDonalds over the hot coffee is often used an example of ridiculous law suits but the coffee did genuinely burn her very badly.
    .

    Yeah plus i think part of it ended up being them treating her so badly about it - she only wanted basic medical costs covered but they dug the heels in


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    #22
    colm_mcm
    Registered Users Posts: 73,407 ✭✭✭✭colm_mcm


    Yer Da sells Avon wrote: »
    Perhaps he wrongly (but not unreasonably) assumed that 'hot chocolate' doesn't mean 'scalding hot chocolate'.

    You’re not supppsed to spill it on yourself. That’s where he went wrong.


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    #23
    thebaz
    Registered Users Posts: 13,602 ✭✭✭✭thebaz


    Yer Da sells Avon wrote: »
    Perhaps he wrongly (but not unreasonably) assumed that 'hot chocolate' doesn't mean 'scalding hot chocolate'.

    coffee means coffee - its hot - same as hot choclate -
    Accidents happen in life , but not in modern Ireland it seams .
    cause of this greed , 99.99 of other kids will most likely be unable to order hot-choclate in the future , thats the problem I have - the decent people suffer cause of the greed of the few. (I blame the father not the kid , and ther legal team.


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    #24
    Irish Guitarist
    Closed Accounts Posts: 5,736 ✭✭✭Irish Guitarist


    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..


    It says he made a good recovery, not a full recovery.


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    #25
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    Seems like a lot of work for only €70,000.
    Think I'd rather get accused of stealing a plastic bag.


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    #26
    Pauliedragon
    Registered Users Posts: 2,537 ✭✭✭Pauliedragon


    It's another joke of a claim but who's surprised really. One thing I will say though all these companies are aware of the ridiculous claim culture in this country so no way in the world would I allow someone let alone a child be served a hot drink that had to be opened and milk added to cool it down. The father might have seen the way it was served and thought $$$.


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    #27
    Yer Da sells Avon
    Closed Accounts Posts: 3,737 ✭✭✭Yer Da sells Avon


    colm_mcm wrote: »
    You’re not supppsed to spill it on yourself. That’s where he went wrong.

    You're also not supposed to sell it so hot that it gives a child second-degree burns.
    thebaz wrote: »
    coffee means coffee - its hot - same as hot choclate -
    Accidents happen in life , but not in modern Ireland it seams .
    cause of this greed , 99.99 of other kids will most likely be unable to order hot-choclate in the future , thats the problem I have - the decent people suffer cause of the greed of the few. (I blame the father not the kid , and ther legal team.

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


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    #28
    biko
    Registered Users Posts: 81,223 ✭✭✭✭biko


    When the plane landed in Dublin, he was taken to hospital where it was noted he had sustained a partial thickness [deep dermal] scald but he later made a good recovery.
    The hell? He wasn't even badly hurt


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    #29
    colm_mcm
    Registered Users Posts: 73,407 ✭✭✭✭colm_mcm


    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 know you can get second degree burns from 70° liquids?


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    #30
    Pkiernan
    Registered Users Posts: 4,315 ✭✭✭Pkiernan


    Another compo lotto winner


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    #31
    AllForIt
    Registered Users Posts: 8,317 ✭✭✭AllForIt


    When a judge makes an evaluation of damages does he include legal expenses incurred to bring the case to court? And regardless what would legal fees be for such a case, roughly.


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