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US House bans fast-food lawsuits
(Agencies)
Updated: 2004-03-11 09:58 The U.S. House of Representatives overwhelmingly
approved a bill Wednesday to ban lawsuits by obese customers who say they became
overweight by eating at fast-food restaurants.
A lawsuit that
accused McDonald's food of contributing to young customers' obesity was
dismissed last year. | The bill, which passed 276
to 139, is one part of a broader Republican push to reform the nation's civil
liability laws by banning what many consider to be "frivolous" lawsuits.
"Trial lawyers have targeted the fast-food industry as the next big tobacco
by bringing these insane lawsuits," said the bill's author, Rep. Ric Keller,
R-Florida, referring to cigarette smokers' litigation against tobacco companies.
"We've got to get back to those old-fashioned principles of personal
responsibility, of common sense, and get away from this new culture where
everybody plays the victim and blames other people for their problems."
Many Democrats opposed the bill, as they did a similar liability waiver the
House passed for gun manufacturers last year.
"The courts are handling the cases as they should -- if they're frivolous,
they're thrown out," said Rep. Bobby Scott, a Virginia Democrat who opposes the
legislation.
"That's what everyone else has to go through, and I'm not sure why there's
any special case to be made for this industry to have their cases tried in the
United States Congress rather than the court."
The National Restaurant Association said the bill is its top priority this
year. While only one such lawsuit has been filed -- a case involving New York
children against McDonald's that was dismissed -- the industry said it is facing
higher insurance costs because of the potential liability.
"It's a significant issue simply by the impact it could have on the entire
industry if one of these suits were to be successful," said association
spokesman Brendan Flanagan.
Some Democrats said they are concerned the bill will make a major sector of
the economy exempt from negligence.
"There's no justification for that," a Democratic Judiciary Committee aide
said. "These are not poor struggling businesses who can't defend themselves
against unfounded legal claims."
Approval of the bill comes at the same time McDonald's and other restaurants
are facing pressure to stop offering bargain "super-size" meals. Last week,
McDonald's announced it would eliminate the super-size choice, citing the need
to simplify its menu.
"It's hard to believe that trial lawyers want to make the claim that 'Ronald
McDonald made me do it,' " House Majority Leader Tom DeLay, R-Texas, said about
the issue. "The point of this debate [is] all about personal responsibility. If
you eat too much, you will gain weight."
Companion legislation is pending in the Senate, but a leadership aide
couldn't say when or if it will be taken up.
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