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Monday

12

September 2011

Lawsuits Shouldn't Replace the Exercise of Choice

Written by , Posted in The Courts, Criminal Justice & Tort

No one is forced to visit a particular establishment in the private sector. If a restaurant plays music you don’t like, you can eat somewhere else. If a grocery store arranges it’s product in a manner you find stupid, you can shop elsewhere. If a bookstore has uncomfortable chairs, you can choose not to sit in them, either by buying books and reading them at home, learning to read while standings, or going to a different store.

All of these things are plainly obvious to sensible people in a free society, and none are typically fodder for legal action. Why should the size of seating in a fast food joint be any different?

290lbs Martin Kessman, 64, is suing White Castle over claims he could not fit in booths at the chain’s restaurant in Nanuet, New York.

He claims White Castle offered him free hamburgers in responses to three separate complaints – but he still had to pay extra for cheese…

Mr Kessman claims he hurt his knee after knocking it against a metal support bar on the table and complained to company headquarters.

‘There were no tables and chairs that could accommodate a person that merely wanted to sit down and eat his meal,’ he alleged.

So don’t eat there! This guy says he complained three times, which means he went back even after he knew he couldn’t fit in their chairs. Why? Probably because he wanted to file a frivolous lawsuit and steal their money.

Private choice already provides all the social recourse that is possibly needed in such situations. Not only can Mr. Kessman find other locations that offer him more acceptable backside compensation, but he can contribute to the most important information a business can get regarding the quality of their service: sales. If enough people can’t fit in chairs, then the store will either realize why they are losing business and fix it, or go out of business. No one’s rights have been violated, and so at no stage of this process is government, via the judicial system, needed to intervene.