site banner

Culture War Roundup for the week of May 22, 2023

This weekly roundup thread is intended for all culture war posts. 'Culture war' is vaguely defined, but it basically means controversial issues that fall along set tribal lines. Arguments over culture war issues generate a lot of heat and little light, and few deeply entrenched people ever change their minds. This thread is for voicing opinions and analyzing the state of the discussion while trying to optimize for light over heat.

Optimistically, we think that engaging with people you disagree with is worth your time, and so is being nice! Pessimistically, there are many dynamics that can lead discussions on Culture War topics to become unproductive. There's a human tendency to divide along tribal lines, praising your ingroup and vilifying your outgroup - and if you think you find it easy to criticize your ingroup, then it may be that your outgroup is not who you think it is. Extremists with opposing positions can feed off each other, highlighting each other's worst points to justify their own angry rhetoric, which becomes in turn a new example of bad behavior for the other side to highlight.

We would like to avoid these negative dynamics. Accordingly, we ask that you do not use this thread for waging the Culture War. Examples of waging the Culture War:

  • Shaming.

  • Attempting to 'build consensus' or enforce ideological conformity.

  • Making sweeping generalizations to vilify a group you dislike.

  • Recruiting for a cause.

  • Posting links that could be summarized as 'Boo outgroup!' Basically, if your content is 'Can you believe what Those People did this week?' then you should either refrain from posting, or do some very patient work to contextualize and/or steel-man the relevant viewpoint.

In general, you should argue to understand, not to win. This thread is not territory to be claimed by one group or another; indeed, the aim is to have many different viewpoints represented here. Thus, we also ask that you follow some guidelines:

  • Speak plainly. Avoid sarcasm and mockery. When disagreeing with someone, state your objections explicitly.

  • Be as precise and charitable as you can. Don't paraphrase unflatteringly.

  • Don't imply that someone said something they did not say, even if you think it follows from what they said.

  • Write like everyone is reading and you want them to be included in the discussion.

On an ad hoc basis, the mods will try to compile a list of the best posts/comments from the previous week, posted in Quality Contribution threads and archived at /r/TheThread. You may nominate a comment for this list by clicking on 'report' at the bottom of the post and typing 'Actually a quality contribution' as the report reason.

10
Jump in the discussion.

No email address required.

I'd avoid such a glib characterization...without more of the tale

for example the lady who "spilled a cup of coffee" and sued McDonalds had third degree burns on her face... apparently McDonald's standard coffee machine at the time kept the coffee signifigantly hotter than any other institution would ever serve you... and what in any other restaurant would be like 86-87 degrees, was 98-99 degree when handed to you...

I could imagine if the trolley was like 100-200lbs and had momentum you could get a serious joint injury from a negligent attendant or poor design... not saything that's what happened, just within the realms of the possible.

McDonalds had third degree burns on her face... apparently McDonald's standard coffee machine at the time kept the coffee signifigantly hotter than any other institution would ever serve you... and what in any other restaurant would be like 86-87 degrees, was 98-99 degree when handed to you

That's not how I remember it. My recollection is that they were serving bog standard coffee, and the lawsuit resulted in everyone else dropping the temperatures to avoid being sued as well.

And as far ask I'm concerned her third degree burns are irrelevant. If you don't know how to handle boiling water, you should not be recognized as a legal adult.

Rather than relying on memory, it is easy enough to google the case and discover that they were in fact selling coffee hotter than the norm, that they had previous injury complaints, and that the jury took into account the plaintiff's own negligence and found her 20 pct responsible.

Whether damages were excessive is a separate question, but she did have to undergo skin grafting and was hospitalized for 8 days.

I had a friend I've since lost touch with who manages a McD's at the time of this lawsuit so we all had to ask him about it. His initial thought was that McD's should have just settled and paid out, but his take on the subject of the coffee temp was interesting. Apparently a lot of older folks come there for coffee in the morning; he estimated at least 50% of their traffic before 10am was seniors getting coffee and usually a small food item like a hashbrown or muffin of some sort. They sit down, get a free newspaper from the bin by the door and sip their coffee. This same customer demo complaining about their coffee being too cold was also the single biggest complaint category and reason for a refund demand by a long margin. They sip the coffee slowly over the course of half an hour, it gets cold pretty fast, and they'd bring 1/2 empty coffee cups back to the counter complaining about the temperature. Staff usually just gives them more "fresh" coffee from the urn. There was no realistic way they could ever actually lower the served temperature of the coffee. They briefly started lowering the temperature of drive in served coffee but that drove complaints immediately. I don't know what they ultimately did about it. His preferred solution was no coffee for the drive through period.

When I need coffee temperature tested, I use a personal injury lawyer.

Your source says "had tested." So, they hired someone to conduct a survey. Was the survey accurate? I don’t know. But of course, neither do you. What I do know is that McDonald's had access to that survey, could cross-examine whoever conducted it, and were free to conduct their own study. I also know that the jury, which heard all the evidence, decided in favor of the plaintiff. That doesn't mean that they were necessarily correct, but you will excuse me if I am unimpressed with the incredulity shown by someone who has seen none of the evidence and is opining 30 years after the fact.

Her labia were fused together by the burns in her lap. Her team reasonably only asked McDonalds to cover the medical expenses, and McD refused to settle. When McD was found guilty, the book got thrown at them. It all happened in Albuquerque.

I'm sorry for what happened to her, but if she spilled a coffee she made at home the effect would be largely the same. If a McDonnalds waiter spilled the coffee on her the case would make the slightest bit of sense, but it's not what happened.

How does any functioning adult buy a boiling hot beverage and immediately put it between her knees?

The motte vs the motte: The cereal defense

Rather than relying on memory, it is easy enough to google the case and discover that they were in fact selling coffee hotter than the norm

No, it is not easy enough to google the state of the internet as it was around the time of the case, when I distinctly remember some dude on on a phpBB forum linking to a document of some coffebrewer association recommending a temperature range within which McDonnalds comfortably sat.

All other factors you brought up are completely irrelevant.

I would suggest that if you think those factors are legally irrelevant, you don't know enough about the issue to have anyone take your opinion seriously.

I never said "legally" and the exercise of determining something's "legal relevance" is pointless, because it's whatever the court says it is in that moment.

I was talking about it from the perspective of morality and common sense.

Hm, so, if I ignore a known risk to my customers, that is morally irrelevant? I would hate to see what you think IS morally relevant?

Yes, because literally every action we take is a risk, and in this case the risk McDonnalds was putting their customers in was no higher than they were putting themselves into, when making a cup of coffee, tea, or any hot beverage at home. Adults, and even minors, are expected to be able to handle fluids in temperature of up to 100°C.