McLawsuits and Obesity

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Due to Torts’ (Second) Restatement, measure a claimant’s risk of obesity in the case of McDonald.
In 2001, a trial took place in New York. An lawsuit against the person who had consumed the heavily fatted McDonald food was filed by lawyer Samuel Hirsch, who clarified that his client had earned 5 foot, 10″ and 272 pounds of waiting and became obese, triggering two heart attacks.
Question No. 2: How does the comparative accountability doctrine approach the problem of obesity?
In this case, both parties would be hit with the doctrine of comparative responsibility since the two parties are also neglectful.
Question No. 3: Is McDonald’s likely to prevail in the courts?

To some extent it is fact that Macdonald is giving its customers a high fatted food items, but it is also a fact that it has maintained hygiene and quality and rich taste in their food items that is why people are not ready to stop eating MacDonald. MacDonald is a big name and big chain, they definitely have best lawyers team. It is quite hard to give tough time to MacDonald. So, yes MacDonald is likely to prevail in the court.

Question No. 4: Should McDonald’s portray the lawsuits as being led by trial lawyers eager for large fees?

It might be possible but in the court the trial lawyers are suppose to present evidence. Therefore, the matter is also very serious as it is concerned to the lives of people. Trial lawyers eager for large fees can also be a case but not that serious.

Question No. 5: What market and nonmarket strategies should McDonald’s use to address the obesity issue?

MacDonald can frame out strategies to address the obesity issue by marketing the notion of non healthy lifestyle such as no exercise, no gym, and the anxiety element in the society. This could help MacDonald to address the obesity issue.

Question No. 6: Should McDonald’s fund research on a possible obesity-fast food link, such as addiction? If so, should it pledge in advance to release the results of the research regardless of the results? Should it instead require the researchers to sign a non-disclosure agreement so that it could keep the results secret in the event that they supported a possible link?

It is a matter of human life and health, in my opinion MacDonald need to initiate a research on the practices they are following which are not healthy for human health and get rid of those practices. MacDonald needs to public the research results as well as the decision of not practicing unhealthy practices in the making of food items.

Question No. 7: In which institutional areas is McDonald’s most likely to be successful?

As it is a matter of law and involves the fast food sector, so dealing with McLawsuits, McDonald’s and other restaurants needs to defend them in the case to case basis. This institutional area will most likely be successful to avoid such cases and to respond to the cases.


Baron, D. P. (2005). Obesity and McLawsuits. Stanford, CA: Stanford Graduate School of


Mello, M. M., & And, E. B. (2003, November 01). Michelle M. Mello. Retrieved April 29, 2017, from

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