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If Mr Darwin is at work, nobody should have the right to sue.

Their coffee might be very hot or not so very hot, but the real problem is that thinking which allows the customer to lay blame on McDonald's without ever considering any responsibility for himself.

That thinking blatantly ignores the fact that everyone is—to a fair extent and by default—responsible for their own mishaps unless they truly had no reasonable way to guess or test for the surprise outcome.

If you're buying a hot drink in the first place, it's just common sense to merely touch the cup first to figure out if it's too hot before lifting it and burning your fingers. Similarly, when washing your hands you will generally first test the temperature of the running water before you splurge into your watery rejoicings instead of suing the café for reckless overuse of their water boiler. Further, most people learn very early on to try out if a stove plate is hot first before focusing on pressing their hands against it.

Now, admittedly, there are some things that you couldn't possibly avoid yourself. For example, unless otherwise signposted, publicly available staircases should hold together while you're stomping up and down on them. Door handles shouldn't deliver you a surprise shock directly from electric mains. A new car probably shouldn't explode on you when you turn on the ignition. But these come in rare numbers and equally extreme conditions.

Known accident-prone activities, such as driving, are explicitly protected via mandatory insurance in general. But in life in general, anyone can be expected to avoid many unexpected accidents with mere common sense, and still most of the rest of the incidents are well, just accidents. Accidents do happen and the driving nature of accidents is well, accidental, i.e. "nobody's fault" in general.



"when washing your hands you will generally first test the temperature of the running water before you splurge into your watery rejoicings instead of suing the café for reckless overuse of their water boiler"

No. In washing my hands at a café, I just turn on the water and put my fingers in. If it comes out at 210F instead of 130F, burning me badly, that is very much reckless overuse of the boiler by café.




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