Normally, a case where a random bear attack resulted in a suit should be dismissed. But here the State knew something the family didn't; there was a greater than normal danger, and in fact the rangers saw the people and could have warned them, and didn't. That makes it different.
Coincidentally, the McDonalds case you refer to contained similar elements. Sure, everyone knows coffee is hot. But only McDonalds knew that after brewing, they super heated the coffee to near-boiling. More importantly, only McDonalds knew that their super hot coffee had resulted in over 70 severe burns already.
If it makes you feel any better, this wasn't a case of someone simply getting hot coffee in their lap. The old lady literally had part of her girly bits burned off. Her pantyhose also melted into her legs, requiring numerous skin grafts. And in the end, they ended up settling for about what her medical bills were.
So there may or not be enough evidence to conclude that the state had a duty and failed to perform. that is to be decided in a court of law.
And I don't know what McDonalds you get your coffee at, but when I get it there I have to let it sit a long time before I can drink it.
Okay; just on this ONE issue:
Did the woman exercise due diligence and application of common sense when placing hot coffee (regardless of temperature) between her thighs while driving? In days of old, "would a reasonably prudent man have acted similarly in similar circumstances"?
The RPM (Reasonably Prudent Man) old tried-and-true measure of Common Sense has gone by the wayside, with the proliferation of ambulance-chasers and accomodating Judiciary. That's my point.
In today's parlance; it's ALWAYS somebody elses' fault, so long as they have deep pockets.
"Only McDonalds knew the coffee was super-heated" is no excuse for the absolute stupidity of placing a hot beverage between your thighs and driving away.....your argument is made of whole cloth, and, in actuality, lacks addressing the common sense of the situation.
I don't drink McDonalds coffee, but if you have enough "common sense" to wait for it to cool, then why don't you just drink it hot, then sue for "permanent taste bud damage"....it's "The American Way" in today's litigation lottery.