Cigarette litigations

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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 are usually awarded as a result of a victorious litigation.

Contents 1 History 2 Grounds of claims 2.1 Design defects 2.2 Strict liability 2.3 Product liability 2.4 Depriving of health hazards information 3 Defences 3.1 Volenti non fit injuria 3.2 Contributory negligence 4 How has it affect the industry? 5 External Links 6 References

[edit] 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.^[1]

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.^[2].

[edit] Grounds of claims

[edit] Design defects

[edit] Strict liability

[edit] Product liability

[edit] Depriving of health hazards information

[edit] Defences

[edit] Volenti non fit injuria

Main article: Volenti non fit injuria

[edit] Contributory negligence

Main article: Contributory negligence

This would be one of the commonly used defences that the defendants will submit. 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.

[edit] How has it affect the industry?

[edit] External Links

[edit] References

1. ^ J.P.I. Law 2006 1
2. ^ Doll, R., Hill, A.: "Smoking and carcinoma of the lung. Preliminary Report", BMJ Journals (1950) ii B.M.J. 739-748