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#168397 - 03/11/04 12:22 AM
Obesity
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Diamond Poster
Joined: Jul 2002
Posts: 1,678
United States
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What do you guys think of this? Obesity Law I think it's a sad day when the government has to pass a law telling people that they are responsible for their own weight. I am interested to hear what you guys think on this. Should these types of lawsuits be disallowed? Personally, I am not sure that citizens should be allowed to sue someone else for the results of their own poor health choices. It would be one thing if the tobacco companies and the fast food joints knew that their product was harmful and didn't tell anyone, but the message is pretty clear and well broadcast.
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#168398 - 03/11/04 02:00 AM
Re: Obesity
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Anonymous
Unregistered
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I agree with you. Suing the restaurants because you tend to overeat is ridiculous. I agree that we shouldn't have to make a law for it.
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#168399 - 03/11/04 12:09 PM
Re: Obesity
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10K Club
Joined: Sep 2002
Posts: 13,965
TN
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As one of my co-workers puts it - saying 'no' isn't only for drugs.
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My Opinions Only
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#168400 - 03/11/04 02:00 PM
Re: Obesity
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100 Club
Joined: Jan 2003
Posts: 138
Kentucky
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What is really sad is that if the government doesn't pass this or a similar law, there are judges and juries that will allow people who do not take responsibility for their own actions to sue and recover huge sums of money. I'm sure that there will also be some attorneys ready to jump on that bandwagon to get their share of the settlements.
It's sad and I agree that we shouldn't have to have such a law, but it may become a necessity.
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Just my 2 cents worth--for what its worth!!
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#168401 - 03/11/04 02:13 PM
Re: Obesity
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Diamond Poster
Joined: Jul 2002
Posts: 1,678
United States
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KY, I think you're right. Remember when the tobacco lawsuits started and everyone against them warned that these lawsuits would only lead to more frivolous lawsuits? Well, here you go.
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Opinions expressed are solely my own.
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#168403 - 03/11/04 04:25 PM
Re: Obesity
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Power Poster
Joined: Jun 2001
Posts: 6,153
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Its kind of funny that they are passing laws to prevent a lawsuit where there is no stated cause of action as far as I can tell. I'd venture to guess that there has not been one successful suit against a fast food manufacturer. I'd further venture to guess that all of them have been tossed out. I may be wrong.
I think the original intent of these suits was awareness and a change in the industry. I for one am glad to see that there has been a change in the industry. I think it is sad that it took this to get there. Now, if they'd quit peddling their junk food to my kids every five seconds.
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Better a patient man than a warrior, a man who controls his temper than one who takes a city
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#168404 - 03/11/04 04:40 PM
Re: Obesity
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Platinum Poster
Joined: Jan 2003
Posts: 921
Down South, USA
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Hopefully this is the start of a trend - that will see other limitations to civil litigation. Damages are what you get when you can prove you have been wronged and suffered a measurable financial loss - not what you do to get rich because you were stupid enough to over eat, smoke, drink to excess, drive without using a seatbelt, climb into the tigers' cage at the zoo, etc. etc I also firmly believe that even medical damages should be limited to what you can actually prove financial loss for - loss of earnings, extra expenses, and some basic formula for "loss of enjoyment" (pain, suffering, loss of mobility, etc), but not the ten of millions of dollars that some juries seem to hand out. We would all then benefit from a massive reduction in the cost of medical insurance, and doctors would be able to spend their time worrying about medical matters rather than about posible litigation. 
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This is my opinion; it is not legal advice, nor the view of my employer, and it may change tomorrow.
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#168405 - 03/11/04 04:51 PM
Re: Obesity
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Anonymous
Unregistered
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Is this a great country or what? We have to pass laws to protect us from ourselves. If stupidity were a crime, there would be a big boom in prison construction.
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#168406 - 03/11/04 05:00 PM
Re: Obesity
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Power Poster
Joined: Jun 2001
Posts: 6,153
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Quote:
I also firmly believe that even medical damages should be limited to what you can actually prove financial loss for - loss of earnings, extra expenses, and some basic formula for "loss of enjoyment" (pain, suffering, loss of mobility, etc), but not the ten of millions of dollars that some juries seem to hand out.
That there are juries out there handing out tens of millions of dollars is ficticious. Large settlements and judgments are few and far between. I know. If it weren't true, I'd jump into the plaintiffs game and retire soon.
However, how do you punish a multi-billion dollar company that intentionally markets a car with a gas tank that blows up? How about a tire maker who puts your loved ones on the road with tires that they know tend to separate. I would not be adverse to requiring thet company to recall all of the product and take ALL of its billions of dollars of profit it made on that defective product and put it in a fund for those who are injured. How do you compensate for a child who is burned over 90 percent of his body when the gas tank explodes on impact. A result Ford knew was going to happen, but accounting figured that paying the claims was cheaper than recalling the product.
In the case of multi-billion dollar business, I do not have a problem with large punitive damages when they are justified. I do have a problem with large punitives against the small guy. It does not take that big of a hit to get their attention. But the funny thing is, the jury system is not broken there--these little guys aren't hit with multi-million dollar damages.
I am not an apologist for the plaintiff's bar, but I see a place for dissuading vile actions through hefty punitive damages. If that means millions of dollars against a large international corporation, so be it. Surely, as compliance folks, you would not prefer increased government regulation?
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#168407 - 03/11/04 05:09 PM
Re: Obesity
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Diamond Poster
Joined: May 2001
Posts: 1,873
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I agree that we should not "have" to pass a law such as this. I also agree that it may be necessary to do so. Each and everyone of us should be responsible for ourselves and our own safety....and of course the safety of our children........................... Remember the suit against McDonalds? Wasn't it the hot coffee? Now that was pretty stupid on the lady's part for placing the cup where the coffee could spill and on the courts for allowing such a suit...... Only in America!!!!!!!!!!!!!!!! 
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#168408 - 03/11/04 05:22 PM
Re: Obesity
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Power Poster
Joined: Jun 2001
Posts: 6,153
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Quote:
Remember the suit against McDonalds? Wasn't it the hot coffee? Now that was pretty stupid on the lady's part for placing the cup where the coffee could spill and on the courts for allowing such a suit......
I remember it, but please tell me the facts of the case and what you found so offensive about what the jury did based on those facts.
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#168409 - 03/11/04 05:25 PM
Re: Obesity
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Platinum Poster
Joined: Jun 2002
Posts: 513
The Boston "Gahden"
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The other thing that is so disturbing about this is the number of people who are going for stomach stapling surgery. Instead of trying to modify their diet, exercise and get active, many people are opting for the "quick fix" of stomach stapling to lose weight. I know a couple of people who have had the procedure. They still don't eat right, still don't exercise, but feel they are "healthy" because of all the weight they have lost. They may have lost 120 pounds, but its only because they can only eat a half pint of premium ice cream instead of a quart.
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The only correct actions are those that demand no explanation and no apology - Red Auerbach
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#168411 - 03/11/04 05:32 PM
Re: Obesity
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Power Poster
Joined: Jun 2001
Posts: 6,153
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Quote:
It just frosts me that some moron is too lazy to go on a diet, so he hires a lawyer (no offense to you, Z) and sues McDonalds.
I agree that this is taking it too far. I really think that the original lawsuits were merely to get attention and maybe to get fast food giants to change their ways. It worked. I would be surprised if any attorney actually thought they could get damages on this. Now, a good lawsuit would be against carmakers who show their cars doing all kinds of crazy stunts in their commercials. OK, I don't really think it should be the stuff of lawsuits, but I do think these ads are irresponsible.
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#168414 - 03/11/04 05:34 PM
Re: Obesity
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10K Club
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
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Quote:
But Democrats called the bill a Republican political ploy aimed at hurting trial lawyers and helping the multibillion-dollar food business.
Hmmmmmm!!!!!
Quote:
Democrats argue that most obesity claims have been dismissed in court, anyway.
It only takes one.
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"It protects an industry that doesn't need to be protected at this particular point and we're dealing with a problem that doesn't exist," said Rep. James McGovern, D-Mass.
Hummm, what about their legal cost to get these lawsuits tossed out.
Since I'm a compliance officer and sometime lose sleep over wondering if I've forgotten to address anything in this update or that update, or that I've become addicted to BOL for compliance support, should I sue FDIC, OCC, FTC, etc. for burdening me with these problems and lost of sleep, or worry, or the fact that my fellow employers thinks I'm ?????????, or my BOL addiction - or should I find another job?
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The opinions expressed are mine and they are not to be taken as legal advice.
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#168418 - 03/11/04 06:06 PM
Re: Obesity
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Power Poster
Joined: Nov 2001
Posts: 7,985
FINALLY ABOVE the gnat line
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Z, I have to agree - when it's justified- when the victims of corporate irresponsibility are truely innocent - make them pay. There was a train derailment in my hometown - the RR had not kept the tracks in good shape, was running the train too fast through a residential area, and was carrying toxic chemicals. The train derailed at about the same time children were getting off the bus and going home. The air was filled with toxic fumes and several children died and several children were permanently injured - blinded, severe chemical burns, etc. Who was in the best position to prevent that "accident" - the children and their parents or the railroad company? The railroad company paid out the wazoo and as a result changed their ways concerning rail upkeep and speed limits. All personal injury lawsuits are not frivolous and the rights of every citizen to pursue these should be preserved without limits. However, if I as an individual choose to engage in an activity that is inherently unsafe, then I should take responsibility for the consequences - I can't blame my decision on anyone else. We've, unfortunately, had all sorts of "people in the know" telling us for decades that we are not to blame - everyone else is to blame for the mess we may have made of our lives.
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My Opinion Only.
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#168419 - 03/11/04 06:14 PM
Re: Obesity
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Power Poster
Joined: Jun 2001
Posts: 8,272
Where the heart is
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I read just the other day (I forget where, perhaps the LA Times) that McDonalds will discontinue their "Super Size" meal option. I have noticed that Mickey D's seems to be promoting a healthier menu, although someone did point out that the salad dressing alone has more fat than a Big Mac! I STILL wish these burger joints would market the following product as a "meal": Small burger, small side salad with one or two tomato slices (or cherry tomatoes) and vinaigrette dressing Small non-fat yogurt parfait Small drink Package the whole thing for about $3.99 and I would buy it! Right now, to get the equivalent, I would need to spend over $5.00 to purchase everything separately. I have found that putting some lettuce and tomato slice from a side salad into one of those small burgers is quite tasty and satisfying. The rest of the salad helps fill me up, and the yogurt parfait is the perfect sweet treat to end the meal. I tried to e-mail the suggestion to McD's, but the sent an automated response saying they do not accept suggestions from the outside. I guess I can understand they don't want someone to sue them over a claim they "stole" an idea, but DARN IT - the concept makes sense to me and to everyone I've mentioned it to. Anyone want to start a new fast food franchise with me? 
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Regulations are a poor substitute for ethics.
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