In article >, "Kyle Phillips"
> wrote:




> > > McD's would likely have been smarter to pay her costs, but I don't see
> > them
> > > as being particularly at fault.

>
> To blame MCD's in this case is like racing into the street without looking
> and blaming the person who runs us over for driving too fast. He may have
> been, but it's our fault that we ran out into the middle of the street.


I take it that you aren't a lawyer, and don't play one on tv. I'm not a
lawyer either, but I expect that someone who is speeding and runs into a
pedestrian will get nailed for it.


The problem with much of the discussion in this part of the thread is that
people want to assign 100% responsibility to one party. It doesn't work
that way. Obviously it wasn't the fault of McDonalds that the woman
spilled the coffee. The damages awarded were reduced accordingly.

--
Dan Abel
Sonoma State University
AIS