Baseball Crank
Covering the Front and Back Pages of the Newspaper
November 16, 2007
LAW: "A bout of gas or indigestion does not justify a race to the courthouse."

Hoo boy. The DC Circuit this morning rejected a class action - filed by an M.D. - by people who drank milk before discovering they were lactose intolerant, demanding warning labels on milk:

Tort law does not provide protection from the obvious or "widely known" risks of consuming a particular food. The risk that some people will get gas after consuming certain foods, such as milk, is widely known. A bout of gas or indigestion does not justify a race to the courthouse. Indeed, were the rule otherwise, a variety of food manufacturers as well as stadiums, bars, restaurants, convenience stores, and hot dog stands throughout the country would be liable to millions of would-be plaintiffs every day.
Posted by Baseball Crank at 8:33 PM | Law 2006-08 | Comments (3) | TrackBack (0)
Comments

Just wait until someone gets cramps and then attacks a person in front of them, killing them. Will they get off using the Lactose Defense?

Just thought of this. He wasn't called Harvey Milk for nothing.

Sorry, couldn't resist.

Posted by: Daryl Rosenblatt at November 16, 2007 8:55 PM

A bout of gas or indigestion justifies a race to the bathroom, certainly, but not to the courthouse.

Posted by: Attila (Pillage Idiot) at November 17, 2007 9:53 PM

Every time I hear about the latest depths to which lawsuit abuse has plunged, I stupidly think it can't get any worse. Well, no more. I guess there is no limit as long as there is a lawyer, imagination and indigestion.

By the way, Daryl, that's not bad for a quick yuk.

Posted by: NRA Life Member at November 17, 2007 10:53 PM
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