Saturday, April 2, 2011

Hot Nacho's.... Too Hot?

Remember the McDonald's hot coffee case, that was awarded almost 3 million dollars to the plaintiff? Well I introduce to you the hot nacho case. A family took a trip to Walt Disney World and came back with a lawsuit. There 4 year old son bought some nachos and the nachos were so hot, that it burned his lips and burned it bad. This is an example of a tort or personal injury case, in this case Walt Disney is the tortfesser/defendant and the family is the plaintiff. The family has not asked for a specific amount of money but I am sure there will be a remedy. I believe the family should win this case because it was negligence on Walt Disney's part for not putting a label on the nachos or at least telling the family that the nachos were hot. In this case I would argue for strict liability because there was no warning or sign that said the nachos were hot. The family also argued as soon as the nachos touched the innocent boys lips it burned him immediately, only really hot nachos could do that kind of damage. I believe this innocent boy should have a big remedy and Walt Disney should pay for any hospital bill and any emotional distress the family went through. Walt Disney probably won't ever see this kid again but this kid is just starting his life and he has to live with this the rest of his life.

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