Disney being sued over nacho cheese

VietCowboy

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comment from a reader:

I have taken my 4 year old to eat at Cosmic Ray's many times. Disney does not serve the cheese to the kids. It is on the condiment bar in a metal dispenser with the words CAUTION HOT CHEESE written on it. The parents had to get the cheese for their son. They didn't realize how hot it was when they dispensed it in the paper cups. It cools off pretty fast by the time you walk to your table.
 

arglebargle

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burmafrd;3845756 said:
well like our resident lawyer Peppie said about the McDonald coffee lawsuit:

The Coffee was TOO HOT!!!

Nothing about the dumb twit trying to take the lid off with the cup between her legs while trying to drive.

Lawyers are scum.

And if McDonalds had not been aware of hundreds of other people burned by their coffee in similiar manner, and hadn't continued to serve it anyway, they'd have won that case, too.

Disney Corps are so evil, that I can't help but smirk when they get bad press, deserved or not. They are notorious for being litigious, sueing at the drop of a hat, and other legal shenanigans.
 

SaltwaterServr

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I had this EXACT thing happen at the restaurant about 3 years ago on a night where I was less than thrilled to be at work.

One of my servers comes and gets me because a lady is furious that her child was burned. I can hear the kid crying before I ever walk out of the office. I ask the server if it was the plate, because we do keep our plates very hot since some of our sauces lose heat very quickly and congeal. She says no, cheese pizza.

I head out to the table, a party of 8, and the three year old is bawling. The mother is pretty pissed off that our pizza was that hot and I'm figuring out in a hurry that the pizza came right out of the oven, onto the cool plate, and then to the kid in about 25 seconds. This particular table was that close to that part of the kitchen.

Then I notice the kid's hands are perfectly clean. Mom's napkin has grease spots on it. Things are adding up.

Father whips out the "you'll hear from our attorney" as he's getting the child to drink some more milk. Kid grabs the cup, slaps at his Mom's hand, and SCREAMS "I TOLD YOU IT WAS TOO HOT MOMMY!", throws the cup of milk, and continues crying.

I, being the consummate smart ***, ask "So the cheese pizza we gave to you, that you picked up and fed to your child, who told you it was too hot, burned him?"

She still hasn't caught on, but her husband had already figured it out and was rubbing the bridge of his nose while staring at something utterly fascinating on the floor.

She says, "Yes! I don't know how you can serve pizza this temperature. You should have warned me. This is unacceptable."

Me, before walking away from the table, "We'll be looking forward to speaking with your attorney ma'am."

People just don't get it at all sometimes. Now don't get me wrong because most of the stories I share about the restaurant business are generally bad, but I do take exceptionally good care of the people we do have come in. We're very, very responsive to their needs. Good example would be at a post-wake dinner few weeks ago for a family who's daughter who was killed in a car wreck where she attends college. When the family came in from the wake, the place settings were done, and the mom remarks that there was one too many before they sit down. I tell her one is for Caroline, she'd be sitting to her mother's right. I thought she was going to crack my ribs from the hug she gave me.
 

kristie

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SaltwaterServr;3846027 said:
I had this EXACT thing happen at the restaurant about 3 years ago on a night where I was less than thrilled to be at work.

One of my servers comes and gets me because a lady is furious that her child was burned. I can hear the kid crying before I ever walk out of the office. I ask the server if it was the plate, because we do keep our plates very hot since some of our sauces lose heat very quickly and congeal. She says no, cheese pizza.

I head out to the table, a party of 8, and the three year old is bawling. The mother is pretty pissed off that our pizza was that hot and I'm figuring out in a hurry that the pizza came right out of the oven, onto the cool plate, and then to the kid in about 25 seconds. This particular table was that close to that part of the kitchen.

Then I notice the kid's hands are perfectly clean. Mom's napkin has grease spots on it. Things are adding up.

Father whips out the "you'll hear from our attorney" as he's getting the child to drink some more milk. Kid grabs the cup, slaps at his Mom's hand, and SCREAMS "I TOLD YOU IT WAS TOO HOT MOMMY!", throws the cup of milk, and continues crying.

I, being the consummate smart ***, ask "So the cheese pizza we gave to you, that you picked up and fed to your child, who told you it was too hot, burned him?"

She still hasn't caught on, but her husband had already figured it out and was rubbing the bridge of his nose while staring at something utterly fascinating on the floor.

She says, "Yes! I don't know how you can serve pizza this temperature. You should have warned me. This is unacceptable."

Me, before walking away from the table, "We'll be looking forward to speaking with your attorney ma'am."

People just don't get it at all sometimes. Now don't get me wrong because most of the stories I share about the restaurant business are generally bad, but I do take exceptionally good care of the people we do have come in. We're very, very responsive to their needs. Good example would be at a post-wake dinner few weeks ago for a family who's daughter who was killed in a car wreck where she attends college. When the family came in from the wake, the place settings were done, and the mom remarks that there was one too many before they sit down. I tell her one is for Caroline, she'd be sitting to her mother's right. I thought she was going to crack my ribs from the hug she gave me.

as someone who had worked in the restaurant business for 14 years, i can relate to all the bad stuff you mentioned.
 

Teren_Kanan

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kristie;3846029 said:
as someone who had worked in the restaurant business for 14 years, i can relate to all the bad stuff you mentioned.

Ditto.
You see some amazing things in the Restaurant industry. It will completely change your view on the human race.
 

burmafrd

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arglebargle;3846019 said:
And if McDonalds had not been aware of hundreds of other people burned by their coffee in similiar manner, and hadn't continued to serve it anyway, they'd have won that case, too.

Disney Corps are so evil, that I can't help but smirk when they get bad press, deserved or not. They are notorious for being litigious, sueing at the drop of a hat, and other legal shenanigans.

So hundreds of people are stupid and careless and its mcDonalds fault?
 

ethiostar

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kristie;3846029 said:
as someone who had worked in the restaurant business for 14 years, i can relate to all the bad stuff you mentioned.

Teren_Kanan;3846060 said:
Ditto.
You see some amazing things in the Restaurant industry. It will completely change your view on the human race.

Based on over a decade of work experience in the business, I think people confuse the term 'server' with 'servant'.
 

Faerluna

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When I was waitressing at Fridays, many moons ago, I had a table that the woman had ordered Broccoli Cheese soup and said to please make sure it was hot.

The soup is kept hot at all times in pans, so I never thought it would be an issue. Sure enough, a few minutes later, the woman is complaining because its not hot.

I took it back and microwaved it until it was boiling hot and brought it back, telling her it was really hot and to be careful. She ate a spoonful and said, "I guess this is ok."

:eek: :eek: :eek:

I think she had eaten extremely hot food for so long that she could no longer tell what was reasonably hot anymore. Crazy!
 

peplaw06

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burmafrd;3845756 said:
well like our resident lawyer Peppie said about the McDonald coffee lawsuit:

The Coffee was TOO HOT!!!

Nothing about the dumb twit trying to take the lid off with the cup between her legs while trying to drive.
You gotta link burm? Or can you just make stuff up and get away with it? Ironic if you ask me...
 

Illini88228

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Remember:

There's a difference between filing a lawsuit and winning a lawsuit. You can file almost anything, doesn't mean anyone's going to side with you.
 

dougonthebench

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5Stars;3845757 said:
Some people say the same thing about cops...until you need one! :cool:

So very true!I have several friends who are cops,and you wouldnt believe the amount of crap they deal with daily.
 

random Cs

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SaltwaterServr;3846027 said:
I had this EXACT thing happen at the restaurant about 3 years ago on a night where I was less than thrilled to be at work.
I haven't worked in a restaurant before, but I did work once for an insurance company that handled these types of claims.

For the most part, if someone is injured inside your business, then your insurance is liable to pay for the medical bills or at least partially. It doesn't mean you were negligent or at fault and they are entitled to tons of money. What you described is certainly not negligence. Negligence would be like your waiter dropping the pizza on the kids head. Usually these types of cases don't go to court because its not worth the trouble.

And that's the main reason why every case you hear about sounds so outrageous. No lawyer is going to go up against Walt Disney or McDonalds unless its worth it.

(If it makes anyone feel any better the McDonalds lady did not get millions of dollars. They later settled for a much smaller amount)


What most likely happened in this nacho cheese case is Disney denied to pay for the medical bills. When that happens you only have 2 choices. One is to suck it up and move on. The other is to create some ridiculous lawsuit for millions of dollars claiming negligence.
 

arglebargle

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burmafrd;3846092 said:
So hundreds of people are stupid and careless and its mcDonalds fault?

Because people who have spilled coffee anywhere are stupid and careless... Right....

A known problem is ignored, and its someone else's fault.

That's like saying Pinto Drivers were responsible for the gas tanks exploding because they, you know, expected a resonably safe car. With less hyperbole than your carrying on.

The case against McDonalds was taken seriously because they had numerous documented accounts of people injured by scalding hot McDonalds coffee. McDonalds was aware of it, and had had some internal discussions on it, but decided to continue to deliver scalding hot coffee to people in cars.

McDonalds made a business decision, just like Ford did when they decided to forgo those cheap plastic protectors, and it backfired on them.

The OPs case looks a lot less like this.
 

JohnnyTheFox

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Heres my own story on the matter...During one of my many trips to las vegas after finishing dinner{in a resteraunt i frequented}while there,i asked the cashier how come they didnt have any toothpicks? She replied that a woman was in sandals and stepped on a toothpick and ended up filing a claim against the casino.
:lmao:
 

kristie

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ethiostar;3846096 said:
Based on over a decade of work experience in the business, I think people confuse the term 'server' with 'servant'.

yes they do. it's something that used to frustrate me on occasion.
 
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Looking at that kid's face, those are 3rd degree burns, and Disney will probably pay a nice settlement here.

And for anybody arguing that it's entirely the parent's fault for not checking the temperature, while they should be held responsible for doing so, if Disney is serving cheese hot enough to give somebody a 3rd degree burn then they also should be held liable. There's a difference in hot and too hot.

That would be like saying if your kid cut his mouth up badly on a piece of glass that got into a hamburger at burger king it would be your fault for not inspecting the entire sandwich inside and out before letting him take a bite. The corporation has to be held responsible for the safety of its patrons to the extent that they can control how safe their food is, regardless of any other factors like parenting skills.
 
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