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Without getting into a law review type discussion, you have to understand that different jurisdictions view negligence law -- which includes who owes a duty to whom and when that duty is breached -- different ways. I have no doubt there are some states this type of suit might have gone to trial in.
The problem with the McDonalds example is that case DID go to a jury trial. So while you can blame the justice system if you want (and I agree that the case was stupid), it was ordinary Americans which awarded that idiot almost 3 million bucks.
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