Legal Question in Consumer Law in New Jersey

Suing McDonalds for Being Fat

My Daughter has a project. Can someone sue Mcdonalds for larger clothing, etc. because they ate too many burgers and fries and got fat AND do they have a chance of winning. And does poverty have any influence in the courts' decision. The report is due Tuesday 11/8. Thank you so much. jim


Asked on 11/05/05, 9:02 am

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Suing McDonalds for Being Fat

First, someone can "sue" for anything. Anyone who has the filing fee can file a lawsuit. The question is one of merit and whether it will be thrown out for lack of merit.

In my opinion, there is no merit. However, the question is whether McDonald's had a duty, violated a duty and that violation was a cause of direct harm to an individual. I answer those questions in the negative.

There are those who would think differently. The vast amount of people think that whatever McDonald's food does to you, there must be a part of your diet that is not that food. Can one honestly believe that it is their fault or that they have to change the food because it is high fat. People eat lots of fatty food from lots of sources. No one ever believed that this was health food.

Yes, you can sue, but I do not think you should or would win such a suit.

Hope this is of assistance.

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Answered on 11/07/05, 9:35 am


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