Readers may have heard of the recent report of an Adelaide woman
suing McDonalds over the spillage of a cup of coffee which is
alleged to have caused severe burns. It sounds similar to the US
case from two decades ago in which an elderly lady pursued a
similar claim, resulting in a significant damages award. [An
interesting analysis of the facts of that case can be found at www.lectlaw.com/files/cur78.htm
suggesting that the public's understanding of the case may not
have been entirely accurate].
It begs the question: what are we in Australia to make of such
claims and what approach should we be taking here to allocate risk
consistently and fairly?
It is tempting to conclude that, as a society, we are becoming
increasingly comfortable with the idea of shifting blame to others
and increasingly less willing to assume that risks are ours alone
(see for example Ashley Crisp's article
here).
