I don't consider second and third degree burns caused (she spent eight days in the hospital and needed skin grafts) because they deliberately heated their coffee too hot for human consumption, had been warned not to do it because it was dangerous, and didn't seal the lid properly so it popped off and spilled to be frivolous. Of course, she asked for just her medical bills and McDonalds refused. Coffee consumed at home is usually 135-140 degrees Fahrenheit. McDonalds coffee was required to be 185 degrees and was considered by McDonalds to not be fit for human consumption at that temperature.
See this for more info.
Some of these cases are better examples, but to address them:
The second case (Falkner and Roach):
a) The pilot of the hot water tank was in the room next to them
b) Falkner received burns on 70% of his body, lost the tips of his fingers, and lost his hearing and sight
c) Even though the warning label existed, the jury found that it was too small to see.
Karen Norman case: It was reversed on appeal. I didn't have to google other sources to figure out this is a bad example.
Steven Joseph case: He dropped the lawsuit before it came close to trial. This isn't a bad example so much as not even an example.
I might comment on Larry Harris in more detail if you want, but you absolutely do not have the right to use deadly force to protect property. There are plenty of related cases involving shotgun traps going back two or three hundred years. The warning signs are irrelevant. What if it were a small child who was too young to read? What if it was a homeless man who was illiterate who wanted a place to spend the night because of a storm? This case is not only an example of the justice system gone wrong, it's an example of the jury properly following the law even though their emotions would probably pull them in the other direction.
I see nothing in Richard Schick's case suggesting it's frivolous. Maybe you could look to see if I'm missing something. Unlikable people are sometimes right.
Richard Harris case dismissed either on the pleadings (for failure to state a claim) or on summary judgment. Also not an example. Same with Kellogg v. Exxon. Same with Robert Lee Brock. Same with Paul Shimkonis's case. Listing cases without merit that were recognized to be without merit are not good examples. There are no precogs in a court's clerk's office. It has to at least be filed so someone can read it before you can know one way or the other.
So, out of all these examples, the warning label in Falkner and Roach's case is the only one that might count (therefore, satisfying my request). But I'll point out how unlikely they are because in a top ten list, nine out of ten don't count.
