The facts are the silly cow, brought coffee put it between her legs and spilt it, and somehow blamed them for selling the coffee which was unsurprisingly hot rather than accepting responsibility that she was a silly cow that burnt herself. I have read that lawsuit and the judge could have done with a serious kicking down a dark alley, to me and the rest of rational society, if you spill a hot drink over your privates its no ones fault but your own.
The fact the hot drink may of not have been 5 degrees hotter than it needed to be are irrelevant, if you believe that judgement was deserved then as far as I am concerned you are part of the problem with society over the last 30 years or so.
Why didn't she sue Ford for not including cup holders or her grandson for parking on a 1 degree camber?
The sheer stupidity of that lawsuit in the fact it was awarded rather than laughed out of town undoubtedly started the ball rolling for frivolous claims by the scummy companies you referenced in your original post. Indeed the only retrospective action since is that companies are forced to make the writing telling idiots that a hot drink may hot bigger rather than lowering the temperature of the hot drink.
The only people that could be offended by Silva's tweet are people with the mentality of believing its wrong for hot drinks to be hot.