McDonald’s Lawsuit: This time I disagree with Hannity…

cheeseburgers.jpg

I suppose this could be labeled as another frivolous lawsuit, and part of my instincts can read this story and acknowledge that this is probably a get-rich-quick scheme and I rarely disagree with Hannity but this one had me stumped.

A West Virginia man claims that he neared death because McDonald’s put cheese on his Quarter Pounder.  As a result, he is sueing for $10 Million. 

They featured this story on Hannity and Colmes tonight and Hannity took the position that it is up to us to check our food before we eat it.  I agree with him that we are all responsible for our actions. 

Where I think I disagree is that he could have at least laid some responsibility on McDonald’s.  I love McDonald’s and it’s the perfect quick-meal full of taste and it sticks to my ribs well.  However; lately, I do not like McDonald’s service.  The last few times I have visited the famous fast-food chain, I have encountered rude staff, people that do not listen, people who are too busy talking behind the counter to listen to the customer.

McDonald’s in my opinion has not done enough to promote the customer service they were once well-known for and while I do not support them giving him $10 million, I do believe something is in order.  (they did offer to foot $700 for medical costs incurred) 

This is a situation where companies should be put in the position to take customer service seriously and while mistakes are always bound to happen, we should all slow down and pay more attention.

According to Hannity, that responsibility should have been placed on the customer.  I tend to disagree.  In my opinion, the fella has an edge because he is the customer who paid McDonald’s to prepare food for him in which he specifically ordered “no cheese.”  The responsibility is mutual and we all need to wake up but McDonald’s in my opinion should be the ones in the hot-seat overall.

Comments

11 Comments so far. Leave a comment below.
  1. Devil Dog,

    Steve, I believe we are finally in disagreement.

    You said: “A West Virginia man claims that he neared death because McDonald’s put cheese on his Quarter Pounder.”

    Neared death? If I were an individual who would be near death because I had an allergic reaction to cheese, I would make damn sure that before I sink my teeth into any food that there is NO cheese on that sandwich. The plaintiff also alleges this is the fifth time that McDonald’s has put cheese on his sandwich.

    All the guy had to say to the person who took his order every single time after the first time the MISTAKE occurred is this: “Please, can you make sure that no cheese is on the sandwich because I am allergic to cheese.” That’s it. That is all the man had to say.

    Again, if it were life and death, as alleged, I guess the rest of us with common sense have more regard for our well-being than this guy.

    The lawsuit is definitely corny and should be tossed, just like the stupid pants case that went to the Supreme Court. The Court ruled that customer satisfaction was not deemed to cover lost pants. I think somewhere along the way a judge will say get the heck out of my courtroom.

    Sorry, Steve.

  2. Devil Dog,

    Also, don’t you think the man had an obligation, if the five offenses occurred at the SAME McDonalds, to talk to the management so this would not happen to someone else.

    Sometimes, America, you have to get off your lazy butts and take charge of a situation instead of going and crying to the government.

    By the way, if his health is so damn important to him, why the hell is he at McDonald’s?

    The circular logic is “I am going to sue McDonalds because they served me a hamburger with cheese, yet I’m going to put into my pie hole a 250-calorie hamburger, where 80 of the calories come from fat.”

    Sometimes I think I give the American people too much credit, but I think it is the stupid people that I give too much credit.

  3. Devil, I don’t think as the customer I have the further obligation. I’m the one paying the money, I could have taken my business to Wendys or Burger King.

    The point is when companies put themselves out there to the public to make our money, they need to behave responsibly. I like McDonald’s (especially their fries) and there is one near me (as there is with anyone) — it isn’t my fault if they continuously screw up, what should I do, drive over out of my way to the next town?

    Let’s say it this way:

    If the merchant-customer relationship is going to get better, which one has more pressure to take the necessary steps required to do so? All the guy asked for was a Quarter Pounder. What he got was a lot more than what he 2.99 paid for, a night in the hospital.

    Whether he neared death or not isn’t the point. McDonald’s acted professionally irresponsible AS THEY HAVE BEEN A LOT LATELY. The quality of their service at any drive through has massively declined.

    Finally, I’m not saying he should get $10M for it (as i said previously) but when you couple my own frustration at the kind of customer services I have gotten from McDonald’s lately along with what allegedly happened to this guy, I say it is time for them to pay.

    We all have to be responsible. But when money is coming out of my pocket, the burden is put on them to get it right, not me. :-)

    As I said, disagreeing with Hannity is all new to me. The fact that you and I disagree as well on this one is just an extension of it.

    Disagreement is allowed ;-) .

  4. airforcewife,

    I think that your reasoning is correct Steve, just not in this particular case. Of course, I’ve been known to be wrong. ONCE. (just kidding, it’s actually a lot more frequent than that).

    Anyway, I agree that McDonalds would have been responsible for a boat-load of money should the problem have occured in one of their regularly created sandwiches. For instance, if there was stuff in their fries that was not supposed to be there. Or, if there was an extra piece of meat made out of mouse that was on the burger.

    However, the customer ordered something on the menu, and then gave additional instructions for preparation. While McDonald’s should have done it correctly, their liability ends when Mr. Get-Rich-Quick didn’t check for the cheese and ask for a new sandwich and a 10$ gift certificate to compensate for his trouble.

    When a person has a food allergy, the onus of it’s treatment is upon them. It is not MY job to make sure that there are no peanuts in the vicinity of anyone with an allergy. I love peanuts. I’m not allergic. It is the responsibility of the person with the allergy.

  5. Philip,

    Gotta go with the other folks, Steve. It’s all about self-responsibility. You shouldn’t count on the government to be your nanny, and you shouldn’t count on Mickie D’s to get your order right all the time.

    I guess I’m also biased because of the frivolous nature of the lawsuit. It’s crazy!

  6. “and you shouldn’t count on Mickie D’s to get your order right all the time”

    Okay let’s take a poll of 1,000 Americans for service at McDonald’s — getting orders right, preparing orders efficiently, polite workers, etc. I’d be willing to bet they’d have a lower approval rating than the Democrats in Congress.

    As I said, I totally agree with everyone’s point about self-responsibility and I hate all the crazy lawsuits, too (like the woman spilling the hot coffee between her legs and sueing McDonald’s over the burn). However; in this case, MORE responsibility is placed on the merchant. The man factually had an allergic reaction to something they screwed up on. Whether or not he was “near death” or should get $10M from it is another story.

    And yes we should count on them to get our order right. If you come into my office next year and pay me to prepare your tax return, should you count on me to get it right? If we have surgery, should we count on the surgeon to get it right?

    When we elect Congress to do a good job, should they get it right? Ok, forget that one. ;-)

    I suppose I would be less passionate about this if McDonald’s was getting just a LITTLE BIT of scrutiny over this. This is happening far too often and the next time we take a bite of a sandwich we didn’t order and are angry because we have to go back (or settle for what we got) just imagine having to be rushed to the hospital over it.

    Yes you would probably check it first, but I have to be honest here, I do not always do so.

    LOL, well this has been a fun exchange. It isn’t the first time I’ve been in a room and had the minority opinion. Imagine me in a club in Boystown…yeesh. ;-)

    Thanks to everyone for the feedback!

    Steve

  7. Devil Dog,

    American people, check your burgers and if you aren’t getting what you paid for, that is why you have the obligation to tell the management that they need to change their procedure or get someone who can carry out the tasks at an acceptable level.

    Responsibility does not end just because you have exchanged money.

    Ridiculous lawsuit.

  8. Sorry guys — you are the most brilliant commenters a blogger could ask for.

    Devil, again I acknowledge the ridiculous aspect of the $10M.

    However; one could argue that the responsibility ends when you order your food and are responsible enough to say “no cheese!”

    If I am suppose to tear apart every hamburger I order from any “fast-food” chain, then I demand we change the name from “fast-food” to something more fitting like “fast-but-sloppy food.”

    Any merchant, retailer, service-provider has a further obligation since they are the ones getting paid.

    While $10M is ridiculous, McDonald’s has needed a good dose of scrutiny for years now and need to work to make sure they are doing their jobs as complete as I have to do mine.

    We shouldn’t have to check our burgers to begin with. Saying that; in my opinion, opens up a level of tolerance that somehow tells them it’s okay to screw up.

    I believe responsibility needs to be exercised at every level here, but I hold true to my position that the burden of professionalism is on them, not the customer.

    Been a great discussion guys, thanks! :-)

  9. Brian P,

    Nowadays, if you don’t want cheese at McD’s you say “No Queso, Por Favor” hehehe :-D

  10. Or how about:

    “No cheese, yo!”

Add Your Comments

Disclaimer
Your email is never published nor shared.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Connecting to %s

Tips

You may use these HTML tags and attributes: <a href="" title="" rel=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <pre> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Ready?

Follow

Get every new post delivered to your Inbox.

Join 332 other followers