More on the McDonald’s Suit

In the comments to my earlier post about the suit against McDonald’s for the inclusion of cheese on a burger ordered by a (very) allergic customer, Peter Nordberg notes a post on Volokh arguing rather vociferously for the applicability of comparative fault.

Why the case would counsel in favor of a return to the complete bar of contributory fault, I’ve no idea.  Certainly I assume McDonald’s will raise the failure to look inside the bun (if proved) as comparative fault to reduce or potentially eliminate recovery…

–BC