Mcdonalds blender to the face. Deserved or not?

[Canadan]

I have about zero sympathy for her. The best way not to have something thrown back at you is to not throw food at someone first. She got about what she deserved, in my book. (But the employee should be fired)

Yeah, I didn't like that... but at the same time, 20+ minutes? We all have a tipping point. The fact that four kids are sitting in the car and she even waited that long is surprising.

My wife? She'd be on the phone with McDonalds. She's a fireball. No food throwing though.

 

[Jman]

You throw something at people, they throw something back.

I love when people get shocked that violence begets violence.

 

[Canadan]

 

[JB]

Yeah, I didn't like that... but at the same time, 20+ minutes? We all have a tipping point. The fact that four kids are sitting in the car and she even waited that long is surprising.

My wife? She'd be on the phone with McDonalds. She's a fireball. No food throwing though.

You know what doesn't happen when you are on the phone with a complaint? You don't get a blender in the face.

 

[Canadan]

You know what doesn't happen when you are on the phone with a complaint? You don't get a blender in the face.

haha, bold strategy.

 

[NoShanks]

Both wrong for doing what they did but McDonald’s employee is in the wrong here. You just don’t retaliate, especially with something that can act as a weapon that can hurt badly.

 

[BuckNasty]

For those lawyers out there, if this McDonald’s is owned by a franchisee and not corporate McDonalds, is she only able to sue the individual McDonald’s franchise and not the larger corporation?

 

[Popeye]

Act like a fool.. win stupid prizes. She got what she deserved.

Sent from my SM-G965U using Tapatalk

 

[MWard]

It was probably the McFlurry blender. That thing is always broken ?

 

[OITW]

Could have been a fictional bucket of nuggets - amirite @Tenputt

Cincinnati yasssssssssssss!

So proud of you.

#AmericasClassiestCity

That lady is going to get PAAAAAAAAAAAAAAAAAAID.

Free McDonald's for everyone!!!

Over $1M for sure. Just wait.

Really? I think 250-500k

Let's be serious, it's McDonald's you get what you pay for. Absolute disgrace by the workers, but at 30 minutes cut bait and don't throw

 

[tequila4kapp]

Yeah, I didn't like that... but at the same time, 20+ minutes? We all have a tipping point. The fact that four kids are sitting in the car and she even waited that long is surprising.

My wife? She'd be on the phone with McDonalds. She's a fireball. No food throwing though.

The way she was treated was ridiculous. She was right to be angry. She was wrong to throw food.

 

[Parrot]

I've represented a couple of McDonald's franchisees. This goes against every policy addressing customer service, and manager responsibility and behavior from McDonald's corporate that I've seen. It's hard to tell from the video whether the manager ever tried to de-escalate the situation which they're repeatedly trained to do.

There is some comparative negligence on the part of the customer. Whether that is sufficient to defeat a recovery depends on fault allocation and Ohio's comparative negligence law. Just based on a very cursory Google search, if the McD's manager is at least 50% at fault, the customer can recover but any amount will be reduced by the customer's percentage of fault. If the customer is 50.1% at fault, she can't recover.

I don't know what juries are like in Cincinnati, and I don't know what this lady's medical expenses and damages are, but in most Mississippi venues, this isn't a million dollar case, if taken to trial. In other venues, it well could be. But settlement value to a franchisee wanting to avoid more bad publicity, it could worth a lot more.

Just based on what I've seen, it is unlikely that the customer can successfully argue franchisor liability. That requires very specific facts regarding control exerted by the franchisor.

I'm not licensed in Ohio so this post and $1 will get you a cup of coffee at your local McD's.

 

[McLovin]

The way she was treated was ridiculous. She was right to be angry. She was wrong to throw food.

i totally agree. but i have a hard time concluding that she "deserved" a potentially lethal object to her face as some have stated.

 

[bmongi1]

There are ways rational people behave and this is not it. She received horrible service but any act of aggression is unacceptable. Someone on staff throwing a blender is insane. Throwing food is infantile but throwing a blender is dangerous.

 

[JB]

i totally agree. but i have a hard time concluding that she "deserved" a potentially lethal object to her face as some have stated.

Lethal object? Was the blender blade spinning?
Isn't that like saying that the worker had a lethal object thrown at them, because of the ass blow that a happy meal might give someone?

 

[McLovin]

Lethal object? Was the blender blade spinning?
Isn't that like saying that the worker had a lethal object thrown at them, because of the ass blow that a happy meal might give someone?

did you see her face? that thing is obviously heavy enough to inflict serious damage. if we are arguing and i throw a napkin at you, i don't think you are justified to throw a cinder block at me. am i at fault for escalating the confrontation by throwing the napkin? probably. but i'm not sure you are justified in heaving a disproportionately dangerous object back at me.

 

[JB]

did you see her face? that thing is obviously heavy enough to inflict serious damage. if we are arguing and i throw a napkin at you, i don't think you are justified to throw a cinder block at me. am i at fault for escalating the confrontation by throwing the napkin? probably. but i'm not sure you are justified in heaving a disproportionately dangerous object back at me.

No question it inflicted serious damage. But lethal?
Let me ask you this. If I slap your family. Are you allowed to use major force despite not any real harm taking place outside of a small slap?
While I am not comparing those two things, or in any way condoning the behavior of throwing a blender, no violence of any action occurs, until this lady provoked it, right?

Should she get a windfall because of that? Being made whole I can see. But a windfall for provoking violence with violence? The news pieces, showing her wounds, etc are all setup by her representation to make sure this goes away quickly with a check.

 

[McLovin]

No question it inflicted serious damage. But lethal?
Let me ask you this. If I slap your family. Are you allowed to use major force despite not any real harm taking place outside of a small slap?
While I am not comparing those two things, or in any way condoning the behavior of throwing a blender, no violence of any action occurs, until this lady provoked it, right?

Should she get a windfall because of that? Being made whole I can see. But a windfall for provoking violence with violence? The news pieces, showing her wounds, etc are all setup by her representation to make sure this goes away quickly with a check.

if i'm sitting on a jury, and i see those pics of her face, i am now convinced that the blender could have caused enough damage to threaten her life. no question.

and i agree, the video and pics are absolutely being paraded to maximize her reward. just like when we see videos and pics of domestic abuse we care a lot more than just reading the story.

for the example, i can punch you in the face if you slap my family. your hand, my hand. i can't grab the heaviest thing near me and throw it at your head. if you are continuing to pursue my family and i think they are in mortal peril, i'm doing everything i can to preserve their lives potentially at the cost of yours. but that's different.

 

[Jman]

The world would be a better place if more people got hit in the face with a blender.

I said it.

 

[OITW]

No question it inflicted serious damage. But lethal?
Let me ask you this. If I slap your family. Are you allowed to use major force despite not any real harm taking place outside of a small slap?
While I am not comparing those two things, or in any way condoning the behavior of throwing a blender, no violence of any action occurs, until this lady provoked it, right?

Should she get a windfall because of that? Being made whole I can see. But a windfall for provoking violence with violence? The news pieces, showing her wounds, etc are all setup by her representation to make sure this goes away quickly with a check.

I think the blender can be considered lethal - depends on weight and what not and clearly heavy enough to knock her back like that substitute blender for rock etc.

I did find it curious how she looked in the video and how she looked in the news piece.

Don’t judge a book by its cover though

 

[JB]

if i'm sitting on a jury, and i see those pics of her face, i am now convinced that the blender could have caused enough damage to threaten her life. no question.

and i agree, the video and pics are absolutely being paraded to maximize her reward. just like when we see videos and pics of domestic abuse we care a lot more than just reading the story.

for the example, i can punch you in the face if you slap my family. your hand, my hand. i can't grab the heaviest thing near me and throw it at your head. if you are continuing to pursue my family and i think they are in mortal peril, i'm doing everything i can to preserve their lives potentially at the cost of yours. but that's different.

So what we are saying here is that promoting violence with violence is okay to receive a windfall, rather than just be made whole. I have so many problems with that in our sue happy society. No violence of any kind occurs, without the person provoking it. I can't overlook that. This to me is no different than someone walking down the street and punching someone in the face blindsided. Then that person getting Stevan Segal'd into next week and suing the person because they fought back.

Should it happen? Never. None of this should ever happen and certainly throwing appliances isn't the answer. But getting a windfall for provoking violence should not be rewarded in my opinion. Ever.

 

[BigDill]

I don't know what juries are like in Cincinnati, and I don't know what this lady's medical expenses and damages are, but in most Mississippi venues, this isn't a million dollar case, if taken to trial. In other venues, it well could be. But settlement value to a franchisee wanting to avoid more bad publicity, it could worth a lot more.

I was basing my uneducated guess on the assumption that the franchisee (I represent a few, but not a McD one) carries a 2M aggregate 1M occurrence GL policy and that she suffered a facial injury that will result in scarring. Adding a kick-in from corporate insurance valued at the cost of defense, and I think 1M is in the realm of attainable. I would pay good money to watch the burger vs. blender comparative negligence debate at trial.

 

[WICHITAREJECT]

25 minutes though...…..shoulda brought the kids in and let them run rampant....that would have gotten someones attention

 

[Parrot]

I was basing my uneducated guess on the assumption that the franchisee (I represent a few, but not a McD one) carries a 2M aggregate 1M occurrence GL policy and that she suffered a facial injury that will result in scarring. Adding a kick-in from corporate insurance valued at the cost of defense, and I think 1M is in the realm of attainable. I would pay good money to watch the burger vs. blender comparative negligence debate at trial.

I wasn't criticizing your take and sorry if it came across that way. Just adding my 2 cents.

On a case like this in Miami, what is the rule of thumb on a multiplier to get to a potential settlement value? In most MS counties, it can range from 3 to 5. In the more plaintiff-friendly ones, it can get to 8 or 10 with bad injuries and the right defendant.

 

[Jman]

If she makes millions off this for being an ass and throwing things at employees first, I know what my new retirement plan is.