今天的新聞 - 食安加重刑責修法方向 葉明功:一定要坐牢
http://news.ltn.com.tw/news/life/breakingnews/1107420
其實 他們坐不坐牢 真的不是很在乎 對身為消費者的我沒甚麼好處
比較想知道
什麼時候 台灣才能由『填補性賠償』改為『懲罰性賠償』呢?
老是罰那種不痛不癢的幾萬、幾十萬 難怪商人老是學不乖
要嘛就罰個營業額百分比 才會有感覺吧...
案例:
1994 年 79 歲的老太太(Liebeck)在麥當勞被咖啡燙傷
傷勢重達二、三度燙傷 導致需要植皮
她要求麥當勞賠償60萬元的醫療費用
麥當勞拒絕 她提出民事控告
調查指出 麥當勞收到成千上百次關於咖啡過燙傷人的投訴
卻無視 並未做出任何改善
陪審團判決 Liebeck 老太太需負2成責任
罰麥當勞48萬元填補性賠償
以及8100萬元懲罰性賠償(此金額為2日的麥當勞咖啡收入)
<<不過後來降為1440萬元>>
In the case of Liebeck v. McDonald's Restaurants (1994),
79 year old Stella Liebeck spilled McDonald's coffee in her lap
which resulted in second and third degree burns on her thighs,
buttocks, groin and genitals. The burns were severe enough to
require skin grafts. Liebeck attempted to have McDonald's pay
her $20,000 medical bills as indemnity for the incident.
McDonald's refused, and Liebeck sued.
During the case's discovery process, internal documents from
McDonald's revealed the company had received hundreds of
similar complaints from customers claiming McDonald's coffee
caused severe burns. At trial, this led the jury to find McDonald's
knew their product was dangerous and injuring their customers,
and that the company had done nothing to correct the problem.
The jury decided on $200,000 in compensatory damages, but
attributed 20 percent of the fault to Liebeck, reducing her
compensation to $160,000. The jury also awarded Liebeck
$2.7 million in punitive damages, which was at the time
two days of McDonald's coffee sales revenue. The judge
later reduced the punitive damages to $480,000.