During the trial it was revealed that McDonald’s knew that heating their coffee to this temperature would be dangerous, but they did it anyways because it would save them money. When you serve coffee that is too hot to drink, it will take much longer for a person to drink their coffee, which means that McDonald’s will not have to give out as many free refills of coffee. This policy by the fast food chain is the reason the jury awarded $2.7 million dollars in punitive damages in the McDonald’s hot coffee case. Punitive damages are meant to punish the defendant for their inappropriate business practice.
To add on, even when something isn’t boiling, it’ll generate an appreciable amount of vapor. The boiling point is just the temperature at which bubbles form within the liquid. The top surface is still going to give off hot steam. I honestly don’t know if near boiling vs boiling is a meaningful distinction in terms of how dangerous it is.
I wonder actually if a boiling liquid would be slightly safer because there’s more vapor and less liquid.