Customers who sue restaurants claiming the food they ate contributed to weight problems may face an uphill battle on winning lawsuits.

A recent trend by many states passing similar laws could get the ball rolling for Michigan's version of the bill, but some lawmakers say they shouldn't be the ones who regulate.

A bill designed to keep fast food restaurants from paying damages for weight gain, obesity, or health conditions. passed in Michigan's house 65-38 on May 19.

Bills relating to this issue have been introduced in 25 states and passed in 12.

This growing trend could lead to an increased urgency to pass the legislation, said Todd Harcek, chief of staff to Rep. Marc Shulman, R-West Bloomfield.

Shulman is one of the co-sponsors of the bill in Michigan.

"It'll either gain steam because there's public support for it, or somebody will sue a restaurant and the public will say 'this has got to stop, these lawsuits are getting ridiculous,'" Harcek said.

The bill is still awaiting additional hearings in the house committee on commerce.

Although there haven't been any lawsuits filed in Michigan, the Lansing-based Michigan Restaurant Association views the legislation as pro-active, said association spokesman Andy Deloney.

"We're trying to make sure the industry is not held responsible for people's individual lifestyle preferences," he said.

The nature of the hospitality industry is to ensure that customers exercise their free choice to get what they want, Deloney said. Restaurants know if customers don't get what they want they'll go elsewhere, he said.

"It's ridiculous that a restaurateur could be held responsible for doing nothing more than providing a customer with what they want," Deloney said. "These lawsuits take away from the legitimacy that some claims truly have."

But the legislation isn't designed to protect restaurants that are run illegitimately, he said.

"We're not trying to defend people who are out there trying to deceive the public," Deloney said.

The legislation has strong support from Republican House members, but has opposition from Democrats.

Republicans traditionally try to put a limit on lawsuits, Harcek said.

"Every time there's a frivolous lawsuit, it clogs the court system from those cases that need to be heard," Harcek said.

But others, such as state Rep. Michael Murphy, D-Lansing, say the courts should decide whether lawsuits are frivolous, not the Legislature.

Murphy said he voted against the legislation in May because courts make the laws, so they should be the ones interpreting them.

He added the legislation restricts people's rights.

"In Michigan, we value the rights of citizens to be able to bring issues through the judicial system," Murphy said. "The Legislature doesn't need to be deciding what sorts of suits can be brought."

Some students, such as elementary education senior Lyndsi Keves, say the idea of barring people from suing restaurants is logical.

"It's ridiculous to sue McDonald's for making you overweight," Keves said. "People have a responsibility to know what they're putting in their body."

And state Sen. Virg Bernero, D-Lansing, said he would vote against the bill if it comes before the Senate.

"It's not my place to get involved in tort actions," Bernero said. "I won't support the bill because there are already mechanisms in place to deal with frivolous lawsuits."