Tobacco litigation: Difference between revisions
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A '''cigarette 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]]. |
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]]. |
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==History== |
==History== |
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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.<ref>J.P.I. Law 2006 1</ref> |
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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.<ref>Doll, R., Hill, A.: "Smoking and carcinoma of the lung. Preliminary Report", ''BMJ Journals'' (1950) ii B.M.J. 739-748</ref>. |
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==Grounds of claims== |
==Grounds of claims== |
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===Design defects=== |
===Design defects=== |
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Revision as of 22:48, 16 March 2007
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.
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].
Grounds of claims
Design defects
Strict liability
Product liability
Depriving of health hazards information
Defences
Volenti non fit injuria
Contributory negligence
External Links
References
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