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Norwalk, Obesity, and Liability

Discussion in 'Food & Cooking' started by phatch, May 4, 2005.

  1. May 4, 2005 #1
    phatch

    phatch Moderator Staff Member

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    I couldn't quite decide where to post this so moderators, please move as needed.

    Let me set the stage. In 2002, a nearby buffet had some trouble with the Norwalk virus. The local health department praised the company in its efforts to clean up and make things right. However, the problem was not eliminated and they quickly closed this location. I mentioned it in this thread
    http://cheftalkcafe.com/forums/showt...ghlight=buffet

    Now,a customer from their last days open has sued the restaurant. http://www.sltrib.com/business/ci_2707432

    It's an interesting case. The man's own health contributes to his complications, yet the onset of the specific problem is his infection with Norwalk from this restaurant.

    To what extent is the restaurant liable?

    Phil
     
  3. May 4, 2005 #2
    chrose

    chrose

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    I hope it's not. Basically you're blaming a catalyst for your problem. If he had gone on a bike ride and wrecked because he was too fat to steer he would have blamed Schwinn. Once again someone looks to avoid responsibility for their actions.
     
  4. May 4, 2005 #3
    phatch

    phatch Moderator Staff Member

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    But the hernia is a direct resulf of his food poisoning. It could have happened regardless of his weight.

    I'm being argumentative, true, but there are good arguments on both sides of this one I think.

    Phil
     
  5. May 4, 2005 #4
    andy m.

    andy m.

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    I learned in a trial where I sat on the jury, that you are responsible for the victim "as you find him".

    In other words, if you sneak up behind a guy and pop a big baloon, then he dies of a heart attack because he had a weak heart, YOU'RE responsible for his death.

    So, I'd guess the restaurant would be held liable.
     
  6. May 4, 2005 #5
    kerryclan

    kerryclan

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    ...it all goes back to the hernia. He got the hernia because of vomiting due to the virus that he got at the restaurant. The doctors not wanting to operate due to his obesity contributed, but was not the cause. He wouldn't have needed surgery in the first place if it were not for the hernia that he got from the vomiting caused by...well you know.
     
  7. May 4, 2005 #6
    kuan

    kuan Moderator Staff Member

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    The restaurant is responsible for making him sick. I don't know what he's entitled to get under the law.

    If you ask me the restaurant did him a favor by making him lose 150lbs. ;)

    Makes you think twice about opening the restaurant of your dreams doesn't it?