This Comment examines the potential for tort liability of cigarette manufacturers for the injuries caused by tobacco products. The author argues that, while plaintiffs have traditionally failed to recover damages from cigarette manufacturers for smoking-related injuries, recent lawsuits have revived the controversy over the liability of cigarette manufacturers. The author suggests that this revival has been bolstered by the increase in scientific evidence relating smoking to disease, and that the doctrines of strict liability and comparative fault have evolved so as to favor the injured plaintiff. The author argues that these doctrines should be expanded to impose liability on the cigarette manufacturers for injuries caused by tobacco products.
David M. Reaves,
Strict Products Liability on the Move: Cigarette Manufacturers May Soon Feel the Heat,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol23/iss5/6