Thursday, May 27, 2004

Diet Guru Atkins estate and company sued over diet

The estate and company of Dr. Atkins was sued by Jody Gorran,a 53 year old man who claims that the diet raised his cholesterol so much that his arteries became clogged and required a medical procedure to open them.

The lawsuit is likely to be dismissed before trial. I agree with the analysis of professor Benjamin Zipursky, who teaches torts and product liability law, who was quoted stating that Tort law generally does not permit a cause of action or lawsuit based on bad theories put out in a book, and most courts would recognize a valid First Amendment defense here.

What duty do you think a book or diet have to warn of its potential dangers?