January 27th, 2012
10:45 AM ET
Your souffle fell flat, your bechamel broke, or your beef stew was insufficiently delicious. Sometimes it's you. Sometimes it's the recipe. At least you likely didn't suffer facial wounds like the 14 people who who successfully sued Chilean newspaper La Tercera for printing a churro recipe, that proved quite...explosive. Seven years after the incident, Chile's supreme court ruled that the oil temperature provided was high enough to cause inevitable injury to anyone who attempted to make the fried dough snack at home. Compensation will be based on the seriousness of the damage (none of which was permanently disfiguring), in amounts ranging from $5000 to $50,000. Previously: |
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they were rolled too tight.. Kramer mustve hired Dominicans
The recipe was in itself not the problem. The problem came when the paper printed that you needed to heat the oil up to 23,000 degrees.
WHO Would have thought that adding Cocaine and Gunpowder would be DANGEROUS?
You mean you're not supposed to light them??????????????
It's crud like this that leads to things not being published at all, because it's easier and safer to not bother in the first place than it is to figure out and prevent every possible way somebody could screw up and get hurt. People need to take personal responsibility and figure out how to determine for themselves what is safe. Yes those providing information ought to make an effort to provide information that is accurate and safe, but in the end the ultimate responsibility is on the end user. It's just the same as a ship's captain or airplane pilot. They can take instructions from traffic control, but ultimately the safety of the vessel and passengers is their responsibility, period.
IF anyone is at fault it is the person submitting the recipe & gave the paper the wrong info. that results in adadvertent damage. Freak stuff happens but the newspaper obviously published an innocent mistake & should not be held responsible for this freak occurence. More damage done by holding them liable than the minor injuries.
The paper should have tried the recipe to see it was worth printing. Not sure what the courts should do, if anything.
You assume it wasn't a typo on the part of the newspaper. Because if they just reprinted a recipe I'm preety sure they wouldn't have lost the lawsuit. They would have pawned it off on the person who created the recipe, unless that person worked for them.
Because this recipe was indeed dangerous, these people should be compensated for time out for missed work, doctor's bills, and treatment for the injuries, but they certainly shouldn't be getting handed a giant pile of cash. My gripe with lawsuits is when people start thinking that getting hurt by a product is their next meal ticket. It sets a bad precedent, mainly one where people deliberately get hurt and then try to sue.
I hardly call 50k a " huge pile of cash", especially if you were left disfigured by the exploding churro. People get more in the US after a minor car accident.
Actually it all depends on what the amount translates to in the Chilean Economy. It could actually be a huge wad of cash.
Where people deliberately get hurt?!? I suppose they wanted the churro to blow up in their face. $50K minus doctor bills, lost income, and legal fees is not very much for hot oil in the face. Sounds like you have been listening to too much insurance company propoganda.
Doesn't oil boil differently at different altitudes? So, how it boils would be dependent on the whether the c(r)ooks were in the Andes or at the beach? I'm only a glass eye, so it's purely speculation on my part.
It boils counter clockwise, dynamite always blows down, and sleep causes cancer. Everyone knows that. wink wink knudge knudge know what I mean.
people that stupid should not be allowed to name galaxies... peolpe with no reasoning chileans..
And people who can't spell people shouldn't complain about other people!
looks like turds. maybe they eat that crap all of the time. i have a recipe for them. take 3 turds, and simmer, add garlic and rosemary and brown lightly. serves four chileans.
sorry folks, people that cook know what the correct temp is for oil. These people need to know their limits and not collect for being stupid. Show where the paper did this mistake with intent to harm anyone then it is a different story. Now the rest of us will suffer because the media will not print a fun recipe for fear of stupid people getting hurt.
Negligence doesn't require intent.
You are so right nobody should ever have to fact check before printing anything.
Newspapers are so biased these days im surprised they didn't offer a recipe on how to cook churros with newt ginriches face on one end.
That would make me sick without even eating it.
I found this article quite halarious. I mean just picture some goof tossing a piece of dough into some grease and it explodes sending hot oil all over the place. It makes me laugh. I give the newspaper a thumbs up!!!!!!!!!
Let's get back to the important thing, voting! I think it's great that Eatocracy lets us vote on how we feel about the exploding Churros issue. I think that every red blooded American should do his or her duty and vote immediately above. We simply don't participate in elections the way we should and here's our chance for our vote to really count. You'll be glad to hear that as of this writing 5,772 have found the time to vote on the Churros issue. I, for one, am damn proud of them!
I am an illegal alien and am so Happy. I have already voted over 5,000 times.
Just goes to show that people don't know how to cook for sh*t these days. So were going to vote to abolish Churro s? The day Churro s are no longer around will be a cold day in hell.
I have mixed feelings on this. The big question for me? what temp did they publish? I'm an experienced cook. I know that standard deep fry temps are between 350F and 400F. Perhaps the paper printed 350 and intended it to be Fahrenheit, yet people there ordinarily measure in Celsius. It's an easy mistake to make, and one that would make the oil MUCH hotter, and very dangerous. For that, I'd give the paper some culpability, especially with an inexperienced cook. if they published 350C, an experienced cook sould know better, and I'd award them nothing. For an inexperienced cook, I'd say let the paper pay 1/2 the medical bills.
If you want to see what the McDonald's coffee did to that woman, go to:
http://www.google.com/search?q=mcdonalds+coffee+burn+pictures&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a
Then tell me she's a whiner.
yes but before you go, know this: once you see an elderly woman's burned genitals, you can't unsee them.
Published frying temperature was @ 482 degrees and the wrong amount of flour to be used was also written.
If they meant degrees Kelvin, the dough would have just sat there and gotten soggy. But they would have had no liability at all!
thanks for a reasonable point. I know a fellow that was in the marines and he was given the job to cook french fries. He brought the oil to a boil and tossed in the taters. How he kept from be blown up is beyond me but his response was the taters turned black instantly!
Every crepe must be hand rolled by a Mandelbaum. That's what puts the "magic" in "Magic Pan." Long live Lloyd Bridges!
My burritos I had for lunch just exploded out the other end.
If it went off in 14 people's faces causing disfiguring injuries, I'd be a little concerned.
Why do so many think that lawsuis are the cure to ll of life's problems? How about some personal responsibility? This is no different than the driver who sued Mcdonalds because the coffee she spilled on her crotch was too hot!
Hi MG. You do not know the fact of the case. The coffee was super hot. McD knew of many cases of their coffee causing burns and did nothing about it. Also, she was not driving. She was parked and terribly scolded. Her burns were awful. There was an excellent documentary about this that ran on PBS. All best regards. The AntiChurros Association
Coffee is hot, it doesn't matter if it's 160 degrees or if it's boiling, if it's hot enough then it's hot enough to burn you if you spill it in your lap. It's not like McDonalds dumped boiling coffee over her head, she spilled it in her lap and that's her fault.
I thought coffee is supposed to be hot. Its not like she ordered an iced coffee and they gave her a hot one instead. She spilled it not mcdonalds so it was her fault. The only reason she won was because there wasnt a label stating the hot drink you ordered might be hot. A label of common sense wouldn't of helped her anyways. Its like the fatties that refuse to take personal responsibility and sue fast food because they are the size of a house, sit on the couch and shove fast food down their throats and theirs kids throats all day. Those are the same people that go to the grocery store and get a power wheelchair to shop. Instead of taking responsibility for being a gross slob they are lazy and blame the world. I feel awful for their kids cause when you are young its up to your parents to get you eating healthy. People need to tell their kids no and act like an adult.
WRONG! You're just plain WRONG! It's completely different.
Coffee is expected to be hot. If I handed you a cup right now, you'd see the steam and probably be careful with it. That's why people are outraged by McD's Coffee thing.
Tell me, would you expect your Churro to explode if I asked you to make one based on my recipe? Probably not. You'd probably just follow my directions until your face burned off.
You obviously must be English with a name like that and besides bad teeth, You people can't cook either.I don't want your recipe, now where is my Lard?
Not only did McDonalds boiling coffee burn that poor woman, but I recently dropped one of their iced coffees on my lap and froze my gonads solids. Now, whenever I go to McDonald, I wear an athletic supporter that should provide adequate protection at all times and against all food groups.
People have no understanding of the McDonalds thing.
You expect coffee to be hot. You don't expect it to be so hot that you get 3rd degree burns when it spills on you for a few seconds maximum.
McDonalds also had been warned many times previously that the coffee was too hot and that many people had been injured because of it. McDonalds ignored the warnings.
Finally, all the lady wanted was a little bit of money to cover her medical expenses, which were very high. McDonalds offered her something like $800.
The lady who was burned never recovered her quality of life and died a few years later. But w/e, lets just cheer on people being personally disfigured.
So let me get this straight, if your grandmother followed this recipe out of the newspaper in good faith, and hot boiling oil burned her causing her pain and suffering, and expense, which she can't afford, it's HER FAULT??? Really???
Mostly because lawsuits, and the threat of lawsuits, keep the public safe. Overall they are good. for every silly frivolous suit you hear about, there are maybe 1000 valid lawsuits. They just rarely make the news.
They also lead to a lot of overhead and restrictions. Do you realize how many things we are simply not allowed to do because of the fear of someone getting hurt and filing a lawsuit? The world is dangerous, enter it at your own risk. Try to make something idiot proof and someone will come up with a better idiot. Our obsession with protecting everyone from themselves is ridiculous.
That woman required reconstructive surgery to her entire groin. She was in the hospital for eight days and required skin grafts. The coffee was more than merely hot. She suffered third degree burns to 6% of her body and lesser burns to 16% of her body.
Do a little fact checking.
So she shouldn't have spilled the stuff in her lap. It's not possible for the coffee to have been hotter than the boiling point of water, boiling water is hot, handle it carefully and you won't require skin grafts.
James is one of those people thar rail against something, then when it happens to them they are first in line with their hand out.
Facts or not SHE spilled the coffee. Thats like if I bought a cinder block and while carrying it to my vehicle i dropped it and broke my foot. Should I be able to sue? It was my mistake not the stores not the manufacturer mine. No one ever takes personal responsibility
People used this recipe thinking that the temperatures and instructions were safe. This wasn't just one person that this happened to. Should they be responsible for their medical bills?
Also, do more research on the poor old woman who got 3rd degree burns from the coffee at McDonalds. They served the coffee at ridiculously high temperatures so they could get more out of the beans. It's not that the coffee was just hot. It was WELL over the range of safe.
McDonalds did a great job of making it seem like a frivolous suit, but it wasn't. They were negligent, all so they could squeez a few more cents per cup.
The worst thing was all the lady wanted was to cover her medical expenses. McDonalds could have settled it very quickly but tried to screw her over.
Yep, it's good to have a PR firm. Fact is, McD's served the coffee not just HOT, but scalding, and they KNEW it. Documents produced in court showed that the knew they were endangering people to save pennies. In general these lawsuits serve a purpose. If companies can endanger people to save pennies without the threat of having to pay out even MORE money, what will ever stop them?? Think about it before you comment. Sure, it is not perfect. We need tort reform. but McD's is actually the perfect example of a case that worked the way tort law should. They just spun it in suh away that people who don't know what they are talking about, repeat pieces of facts.
There are many dangers in the world but one of the worst is the exploding Churro, AlQueda uses them extensively and the CIA has been aware of its dangers for years. Fragmenting enchiladas are also quite dangerous and a single enchilada lying by the roadside should be approached with caution.
The recipe came from Jimmy Walker. He added DYNOMITE.
Hilarious! :-)
churros are tasty and y dont they ever put where did it take place
Hooke on phonics apparently didn't work for you. It took place in CHILE! The country right next door to Argentina at the bottom of South America.
Churros...please.
Americans have such undeveloped taste. You are like children who can't go past McDonald's...
I like your sense of style. I wish nothing but the worst on Americans. They are foul.
It was a Chilean newspaper in Chile so nothing to do with us foul Americans, ignorant Poussante.
You shouldn't be too surprised, considering that so many French have immigrated here.........
actually to God Bless America, Thank you – Not too too surprised since I can sit on my side and imagine Poussyante as an ignorant frenchy shut in with resentment towards some people that is mis-directed onto an entire country. I can directly not like the frenchy offenders without lumping the entire French community and will express it on days I am feeling particularly expressive. :^D
Cher Poussante: We Americans didn't look quite so bad when we landed on the beaches of Normandy in WWII and freed you from the Nazis. As I remember, you guys folded very fast. Enjoy your croissants while you bone up on history.
AntiChurro Association, Poussante was probably Viche.
This incident occurred in Chile.
I hate to be the one to break it to you Jeann, but you've just proven your knowledge of geography is worse than an American's.
Besides, everyone knows you don't go to McDonald's for churros. You go to taco bell or 7-11.
I ride my Burro, while eating my churros.
My stew was named Fluffy, and she used to purro.
My wife has a face just like Edward R. Murrow.
And that's why she'll never have
An "exploding churro".
"inevitable injury" really? So 100% of those who followed the recipe had their churros explode? Some logic needs to be added to justice everywhere.
Rough estimate without all the facts – People without cooking experience only 40% liable and the paper 60%. People with cooking experience 80% liable and the paper 20%.
It's been a long time since my churro exploded, I'm overdue.
mine too
I haven't had churros in a while, but I just had an explosion of churra.
such a relief...
Damages are damages. If you cause damages you are responsible for them. Especially if you are a business.
Too hot of a churro will give you butt burno....ouch..
Isn't this similar to crotch coffee being too hot? Man, this is really sad...throw out that suit.
Must not forget annual ritual of the Thanksgiving Day House Burning while attempting to deep fry your turkey.
I visited some very stupid people (friends of relatives by marriage, so no relation to me) on a Thanksgiving day while they were frying a turkey in the yard. They had dogs and small children running all around the vat of sizzling oil - which was a top-heavy thing on spindly legs. I cringed when I saw a large, running dog miss the oil vat by inches ( yes, I certainly did say something to the owners). Some people are just too dumb to live.
Actually you should watch the documentary "Hot Coffee" and see how much we've been lied to about that case. That woman was right to sue.
I always enjoy a churro after my carne de burro.
Your donkey meat?
Thats what I was thinking....what????
I'm sorry for the victims but this is pretty darn funny. hahahaa. Exploding churros??? Really??? Wasn't this a seinfeld episode?
frozen dough and molten oil = explosion
that's what they get for eating such a disgusting thing
phew nasty
Are you sure you know what a churro is?
Meki just doesn't know any better. No sense in trying to enlighten an ignoramus....
What's disgusting about cinnamon sugar on fried dough? State fairs across America serve this up in many different variations. Good Eats – in moderation of course.
Best of the best churros are made in Barcelona, Spain. Yuuuuumy!!
For shame! Buenos Aires, che! That's where the best churros come from.....
Newspapers once employed editors for a reason, although I wonder if they still do based on the number of errors one can find in any story in print or online these days. If the Food Editor or Features Editor did not know that the recipe had been tested he or she is irresponsible for printing it. People really need to start doing their job, doing it correctly, and accepting responsibility for the errors they make.
Tell that to your current President.
What an idiotic statement to add in, from an ignorant moron :)
Only morons bring up politics in a food discussion.
You mean OUR President!
OOOOHHHHHHHHHHHHHH BURN!!!
Can anything "in the World" happen and not be Obama's fault?...Poor guy...even exploding dinner is his fault
TODAY –
Apparently not; just today my dog had to the groomer because he got into something.
Obama should be held accountable since he said, "our future is hopeful" during his State of the Union Address.
The above makes as much sense as some of the blame Nobama stuff.
I don't much like his politics or policies but come on folks, blame him, for real thing he is responsible for doing or not doing.
@Today, that is awesome and a perfect example of the idiocy of republican rhetoric. Obama is to blame for exploding churros...in Chile...seven years ago :)
Bush had to deal with the same thing from the other side...just sayin'.
Yeah but Bush deserved it....
I understood that he was rerefing to the end of the post...
"People really need to start doing their job, doing it correctly, and accepting responsibility for the errors they make."
I believe he refered to the current administration because of it's overarching Nanny State agenda. I dont believe there was any blame being placed on the Big O.
Like you did anything worthwhile.
U.S. case law is pretty clear that there is no liability for printed material. There is a textbook case about a mushroom identification book, and I think someone died from eating a poisonous mushroom that was perhaps misidentified, but the publisher was not responsible.
Sounds like this was in Chile
But this incident happened in Chile, not the US.
US case law is totally irrelevant to this article, since it clearly states this was in Chile.
This was not a U.S. case, so U.S. case law would not apply.
OBVIOUSLY US case law doesn't apply ... he was just saying that it wouldn't be held liable in the US and implying that he doesn't think the newspaper should be held accountable.
So then your safe to publish the recipe here in the UNITED STATES, land of lawsuits and home of the settlements.
and non-disclosure agreements too.
Not sure if anyone told you this yet but this case was in Chile, not the good old USofA. It's a good thing too! Cause otherwise my health care costs would go up.
Wow, one out of seven comments understood the point of the post – good job and thanks, Brian, for reminding me why I never comment on CNN articles (and rarely read the comments). I just figured that a primarily U.S. readership would be interested in the U.S. view. I won't make the mistake of attempting to educate these other six morons again.
Inapplicable. That book was not a cookbook. The expectation of that publisher was to educate, not to tell people to go out and eat mushrooms. It is not law in the U.S. that nobody is liable for printed material. Where did you make that giant leap from? Otherwise, there would be no defamation cases (another area of law, of course, but still).
Kinda makes you go huh!!!
What the hell was the temperature? Did only 14 people make churros from this particular recipe or did only 14 not use common sense whan it comes totemperature of hot oil?!
It takes a lickin' but it keeps on tickin'.
Perhaps they timed it with a Timex?
Looks like a dog chew toy.
I'm filing a lawsuit against FoodNetwork for causing my morbid obesity and diabetes. They should know better than to be broadcasting 24/7.
That's great, y'all. I'll be your spokeswoman.
ccn news reporter needs to go back to journalism school. the basics - who, what, where, why, when. FORGOT THE WHY, idiot! if you're going to have such an oddball story tell the complete facts that made it odd.
loser
The answer should be inferred as "Why not?"
what the heck is a churro, something a donkey left behind
That would make you a churro
Combination of a chowderhead & a burro. So, yeah, what Dittohead said.
Eggs, Milk, Sugar , Flour, Water, C4!!!!!
Don't forget coke and mentos to wash it down.
Looks like the Chilians are learning from the Americna legal system.
Me gustan los churros! Not having used my spanish for years and years, I'm really hoping that says "I like churros".
I want to know the recipe! Post it!
It's not the recipe, it's the cooking instructions. When you look at the part about "heat the aviation fuel to 500°" you can see where they went wrong.
Yes, post it so i can try it out and then sue CNN to get some free money!