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.
3 thoughts on ““A bout of gas or indigestion does not justify a race to the courthouse.””
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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.
A bout of gas or indigestion justifies a race to the bathroom, certainly, but not to the courthouse.
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.