Comparative Law Stella Liebeck Case

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Submitted By minir50
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Stella Liebeck: Ausgesorgt durch einen Becher Kaffee
Die wohl bekannteste moderne Sage über das amerikanische Schadensersatzrecht lautet etwa so: Die 81-jährige Stella Liebeck erhielt 4,5 Millionen US-Dollar zugesprochen, weil sie sich bei McDonalds einen Becher Kaffee über den Leib schüttete. Das Gericht begründete dies damit, dass sie nicht auf die Tatsache hingewiesen worden sei, dass der Kaffee heiß ist.
Diese Geschichte kennt sowohl dies- als auch jenseits des großen Teiches jedes Kind. Sie kursiert per E-Mail, in Foren und Zeitungen und scheint das Musterbeispiel für das verquere amerikanische Rechtssystem darzustellen: “Kipp dir einen Kaffee über die Hose, und du bist reich.” Eines macht diese Geschichte tatsächlich speziell: Sie hat einen wahren Kern, nämlich den, dass Frau Liebeck sich tatsächlich an einem McDonalds-Kaffee verletzte.
Der Rest der Geschichte ist eine Mischung aus Über- und Untertreibung – Wer die tatsächlichen Umstände kennt, dem wird sie kaum noch als Beleg für dafür gelten, das amerikanische Juristen nicht ganz richtig im Kopf sein können.
Die Fakten
Eines schönen Tages brachte die 79-jährige Stella Liebeck Ihren Enkel frühmorgens zum Flughafen in Albuquerque. Weil sie es nicht mehr geschafft hatte, zu Hause zu früshtücken, hielt sie auf dem Rückweg bei McDonalds, um sich dort einen Kaffee mitzunehmen.
Der Kaffee, den Frau Liebeck im sich bei McDonalds kaufte und im Auto zwischen die Knie Klemmte, hatte eine Temperatur von 80° C. Flüssigkeiten mit dieser Hitze erzeugen innerhalb von 3.5 Sekunden Verbrennungen Dritten Grades. Nachdem sich die ältere Dame also den heißen Kaffee, den sie zwischen Ihren Knien nicht halten konnte, über die Beine schüttete, zog sie sich großflächig schwerste Verbrühungen zu.
Nach einem mehrtägigen Krankenhausaufenthalt und wochenlanger Rekonvaleszenz zu Hause mussten bei Frau Liebeck…...

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