cigarette litigation
A cigarette litigation (also known as tobacco litigation) is a lawsuit brought by a plaintiff against a tobacco manufacturer claiming them responsible for the wrongful death or injury related to tobacco smoking of the tobacco smoker. Punitive damages for the plaintiff have often been awarded as a result of a successful litigation. However, the vast majority of court decisions have been in favor of the defendant tobacco companies.[1]
History
There has been an increased number of deaths related to tobacco smoking in the past decades. People are more aware of the risks and dangers that can be associated to tobacco smoking and those who brought an action against tobacco manufacturers have most often lost a loved one. People have died of lung cancer from tobacco smoking and was unable to prove that it was the cigarettes of the tobacco manufacturer that caused the person' death during his/her lifetime. Tobacco litigation is not new but has involved thousands of people in class-action as well as private lawsuits since early 20th century. There was an explosion of tobacco litigations in the early 90's, worldwide, but in the United States in particular.[2]
The first major study that showed the causal link between smoking and lung cancer was published in a study done by Sir Richard Doll in 1950.[3].
Grounds of claims
Design defects
Strict liability
Product liability
Depriving of health hazards information
Defences
Volenti non fit injuria
Contributory negligence
This has been one of the commonly used defences that defendants have used. Most of them will assert that it was the plaintiff himself that has contributed to his own injury(-ies) as he as prior knowledge of the harm associated with tobacco smokings.
How has it affect the industry?
Despite the numerous bans and restrictions placed specifically for tobacco consumptions, such as the common price hike on the product, tobacco manufacturers have been pushing sales harder in other countries where tobacco sales and laws are not overly strict as opposed to several places in North America, and United Kingdom. Asia is deemed to be the the sale haven for such tobacco products and especially China. The overall effect, therefore, levels out the sudden sales disposition resulting from strict smoking bans.
Notes
- ^ Stephen E. Smith, "'Counterblastes' to Tobacco: Five Decades of North American Tobacco Litigation", Windsor Review of Legal and Social Issues, vol. 14, Nov. 2002, pp. 1–32.
- ^ J.P.I. Law 2006 1
- ^ Doll, R., Hill, A.: "Smoking and carcinoma of the lung. Preliminary Report", BMJ Journals (1950) ii B.M.J. 739-748
References
- Stephen E. Smith, "'Counterblastes' to Tobacco: Five Decades of North American Tobacco Litigation", Windsor Review of Legal and Social Issues, vol. 14, Nov. 2002, pp. 1–32
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