Wednesday, April 25, 2012

Reuters: Most Read Articles: 2nd Heart Attack Grill Victim? Woman Collapses While Eating Burger

Reuters: Most Read Articles
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2nd Heart Attack Grill Victim? Woman Collapses While Eating Burger
Apr 24th 2012, 05:48

By Andrew Chow, JD at FindLaw.com

Tue Apr 24, 2012 1:48am EDT

For the second time in two months, a customer at Las Vegas' Heart Attack Grill collapsed mid-meal and was carted off to a hospital.

The female customer, a Las Vegas resident in her 40s, had been devouring a "double bypass burger," puffing on cigarettes, and sipping a margarita when she collapsed Saturday night, the Grill's owner told ABC News.

The woman is recovering from her medical emergency but -- like the man who collapsed at the same Grill in February -- she likely won't be able to sue for her medical bills.

First, it's not yet clear what caused the lady to collapse at the Heart Attack Grill. (That's different from February's collapse, which was determined to be an actual heart attack.)

Next, there's a lack of scientific evidence that eating an artery-clogging hamburger can trigger an imminent heart attack, ABC News reports. But a greasy diet can add to the risk of a heart attack -- along with smoking and other lifestyle factors.

Then there's the legal doctrine of assumption of risk -- when someone freely and knowingly accepts the possibility of injury for taking part in an activity.

At the Heart Attack Grill, signs warn customers that "This Establishment is Bad for Your Health." Customers also arguably know what they're biting into when they order a "double bypass burger," which comes with two half-pound burger patties and bacon (with the option of adding even more bacon).

The Heart Attack Grill's owner says he hopes the woman who collapsed makes a full recovery. "She was eating, drinking, smoking, laughing, dancing, having fun," he told the Los Angeles Times. "But when you treat your body like that day in and day out, eventually your body is going to give out."

Related Resources:

  • Did 'Heart Attack' burger claim a second victim at Vegas diner? (MSNBC)
  • Heart Attack Grill Customer Has Heart Attack While Eating Burger (FindLaw's Legally Weird)
  • Defenses to Negligence Claims (FindLaw)
  • FindLaw Legal Pulse: News, photos, topics, and quotes on heart attack (FindLaw)
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