McDonalds deserves to recover NO damages from the Tecoma 8, nor from anyone else for one simple reason: “assumption of risk“.
If you knowingly engage in an activity in which there is an obvious or clearly stated risk, you are not entitled to sue for damages in the event of injury sustained therein. Take for example, riding on a roller coaster. The operator of that ride must do “due diligence” to ensure the ride is safe and that no physical harm will come to those who ride it, such as may occur from malfunction of the ride or some component of it. However, they issue very clear warnings that people with certain medical conditions (e.g. heart problems, pregnancy) should not ride. They also point out that they are NOT responsible for items that may be lost during the ride (loose change, glasses, &c.)
If someone hops on the roller coaster, having seen the sign but decided to take the RISK of if it inducing a heart attack, they cannot expect to sue for damages should they, in fact, have an M.I. Same holds for the person who, say, looses spare change, or that expensive piece of jewlery that became dislodged and was ejected during the ride.
McDonalds boarded the Tecoma roller coaster knowing FULL WELL what they were getting into. They were told, in writing, in the media, on social networks, to their faces, by hundreds in person, and by thousands around the world: DO NOT BUILD IN TECOMA. You WILL be resisted.
But, they proceeded. They assumed the risk.
And now they want to recover damages due to construction delays and additional “unforseen” costs such as the security force they’ve employed? Who are they trying to kid, here? Oh, and they want attorney fees on top of that?
What HUBRIS!! What GALL!! What. A. Joke.
McDonalds KNEW there was a risk. They absolutely knew it. Their disregard, their arrogance, and their failure to live up to their own corporate propaganda — striving to earn the “trust” of communities — are all too evident. It is painfully clear that they knew what they were getting into. They assumed we weren’t serious. They assumed we’d grow weaker and give up. They assumed the risk.
They assumed too much.