What about common sense? Surely anyone in their right mind would know that subsisting on mostly junk food was unhealthy.
This lawsuit sounds like one of those absurd sue-the-lawnmower-manufacturer-because-they-didn't-say-not-to-touch-the-moving-blades lawsuits. And those are the reason why we have things like the public-liability insurance crisis, with everything from street parties to tourist railways being shut down because the organisers can't afford to pay the extortionate insurance in case some idiot hurts themselves and sues the organisers.
If people took more responsibility for their actions, rather than looking for someone to blame, a lot of problems would go away. Though a lot of lawyers would be out of work.
The reason street parties etc. have trouble with insurance is that they're too gutless to do anything without insurance, and their main objective seems to be being able to insure their activity (whatever it might be). How about the personal responsibility of groups to be a bit careful and they wouldn't need insurance? My philosophy is that if someone injures themselves in my shop, or out the front, or while climbing down my chimney, and they think I have somehow been negligent, they can sue me.
That's good for you, but most people don't change their names every six months to evade lawsuits, debt collectors and angry husbands. :-)
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What ever happened to corporate responsibility? Do you expect children (5, 9, 13 years old) to be 'personally responsible'? That's who the obesity lobby targets. Think sugar and corn syrup aren't as addictive (and harmful) as tobacco? Ask your friends how many sodas they drink each day. Do you think that obesity is not a sickness of populations - a disease infecting /damaging our society - as well a sickness of individuals? 1 out of every 4 high schoolers in my community is either obese or at risk for obesity. Think the fast food industry has a social conscious or responsibility? They spend 33 billion per year on advertising. Think there are many routes other than litigation that allow the public to participate in change? Think again.