A man in his 40s this week died of a heart attack while eating a 6,000-calorie Triple Bypass burger at an aptly named chain that serves up massive burgers and allows grossly obese individuals to eat for free. We previously looked at Heart Attack Grill when its overweight spokesman died at 29. The question is whether a restaurant can be sued for knowingly serving food that comes with a higher risk of death or serious bodily injury — a risk that is openly advertised by the restaurant and assumed by the customer.
With the recommended caloric intake of an adult male set at 2500 calories, diners at the Heart Attack Grill can easily consume roughly 400 percent of the daily calories in a single artery-clogging, heart-stopping meal.
On Saturday, a customer in Las Vegas suffered a cardiac arrest at the table as other customers reportedly jockeyed to take pictures of him. The Triple Bypass Burger contains three slabs of meat, 12 rashes of bacon and cheese as well as a “unique special sauce.”
The owner, John Basso, was aghast at the behavior of the other customers (who may have believed this was a stunt). A former nutritionist and manager of a Jenny Craig weight loss diet center, Basso insisted that “[e]ven with our own morbid sense of humor, we would never pull a stunt like that.”
They would, however, keep serving heart attacks on a bun with “Flatline Fries.”
While I find the restaurant perfectly disgusting, I would have problems with a torts lawsuit when customers clearly understand the risks. Indeed, a sign at the front of the restaurant proudly proclaims “Go away. If you come in this place, it’s going to kill you.” There are a wide array of foods that are bad for you. However, courts have never said that serving up such dishes is akin to a food version of a dram shop violation.
In our previously discussion, we saw how the restaurant enlisted Blair River (a 572-pound obese man) as their spokesman. River, 29, died from pneumonia — a death connected to his obesity by critics.
The Heart Attack Grill food posts a warning that eating at the restaurant “may include sudden weight gain, repeated increase of wardrobe size, back pain, male breast growth, loss of sexual partners, lung cancer, tooth decay and liver sclerosis stroke. In some cases mild death may occur.” This death does not appear quite mild for the tourist but the food was certainly served as advertised.
Source: Daily Mail