Monday, December 19, 2011

McDonald's & Tort Law

Professor Caroline Forell has posted “McTorts: The Social and Legal Impact of McDonald’s Role in Tort Suits" on SSRN.  The abstract provides:

McDonald’s is everywhere. With more than 32,000 restaurants around the world, its Golden Arches and “Mc” conjure up both the good and the bad about American capitalism. 

This article looks at McDonald’s, impact on public policy, and tort law from historical and social psychology perspectives, following McDonald’s from its beginnings in the mid-1950’s through today. By examining McDonald’s Corp. v. Steel and Morris (McLibel), Liebeck v. McDonald’s Restaurants (Hot Coffee), and Pelman v. McDonald’s Corp. (Childhood Obesity), I demonstrate that certain tort cases involving McDonald’s have had particularly important social and legal consequences that I attribute to McDonald’s special influence over the human psyche, beginning in childhood. In explaining McDonald’s extraordinary power over the public imagination and how this affects lawsuits involving it, I rely on the social psychology approach called situationism that recognizes the strong effect that environmental influences can have on individual decision-making. I conclude that lawsuits involving McDonald’s have had and will continue to have important social and legal consequences because of the unique role this corporation plays in our lives.

Thanks to The Situationist for the alert.

- SBS

http://lawprofessors.typepad.com/tortsprof/2011/12/mcdonalds-tort-law.html

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