McDolands and Lawsuits: When enough is enough (Bava Batra 171b)

A number of years ago a women sued McDonalds because she spilled coffee on herself.  It's become quite the urban legend. Today, the case stands as an example of bogus lawsuits and the need for tort reforms. As it turns out there was truth to her claim and she deserved retribution.  The coffee was too hot and the lid was difficult to remove (it was while trying to add cream and sugar that she spilled the beverage on herself).

The point of this story is that McDonald's corrected it's mistake. It made sure that the coffee temperature would drop from 180-190 degrees Fahrenheit to 158 degrees. Furthermore, it began putting warnings on the coffee that it might cause burns.

So how does this have to do with today's Daf?

Today we find a discussion about postdated documents. The Rabbis have a huge problem with this type of document. Let's say that Reuben loans Levi $200 in September but the document says the loan will happen in March. If Levi gets the money to pay him back in October but doesn't receive the document back from Reuben as proof of repayment (let's say Reuben claims to have lost it), Reuben can turn around and use the document in March to force Levi to pay him back a second time.

For this reason, the Rabbi's created a number of safeguards to keep guys like Reuven from cheating the Levis in the world. In one case R. Abba invented a special clause to go into documents to let people know that it is a postdated document. Rav Safra added his own solution. He explained that Levi should receive a receipt that has the date of the original loan and the exact amount that he paid.

At the end of the discussion Ravina jumped in and said that he doesn't do any of these things.  They aren't part of his custom. The Gemora answers that these safeguards are available and if he chooses not to do them, then it is his own fault if he gets duped.

The message here is that we should do what we can to protect people, but ultimately they need to protect themselves.  We can invent the solution, but if they don't use it, it is not our fault. If Ravina doesn't use the safeguards it is his loss when a business partner chooses to cheat him. As a corollary, if someone were to ignore the warning on the McDonald's coffee or remove the lid and begin to drive, they are doing so at their own peril. McDonalds has now done enough to ensure the safety of its patrons.

We learn from our Daf today that it is our obligation to protect the interests of others, but if they won't meet us halfway, maybe the onus is on them.