I have lung cancer which doctors have stated was caused by smoking. Do I have a case against manufacturers for product liabilty
Saint Charles, MO
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Posted 7 months ago in Defective / Dangerous Products
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I was diagnosed w/ lung cancer May '08. I had my lung removed Nov."08. I quit smoking after 25 yrs, 6 years ago. Doctors state that smoking is the cause of the cancer. Would cigarette manufacturers be liable for product failure since the filters on their cigarettes do not remove all the harmfull chemicals?
Answers (1)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 7 months ago.
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While generally courts seem to have stopped and in many cases reversed the expansion of product liability, cigarette litigation is one area where there are signs of expanding tort liability. Be aware that such cases are really expensive, the company will try to wear you down, and you will have a long battle on your hand if you get past the motion practice and discovery stage. Appeals will be taken at every turn. You will wait a long time to see a dime, if you ever do.
You will have to shop for a lawyer for a while.....but you may find one ready for the battle. Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |