Cases against Tobacco Companies
If you or a member of your family has contracted lung disease after being deceived regarding the effects of smoking Marlboro Lights, we urge you to contact our Albuquerque firm for information about tobacco class action litigation.
Numerous lawsuits have been filed against tobacco companies over the last several decades. Plaintiffs in these lawsuits seek compensation for the health problems that cigarettes and other tobacco have caused them or their loved ones. The tobacco companies typically fight each lawsuit vigorously, so the plaintiff’s attorney must prepare both the scientific and legal arguments very thoroughly. An experienced attorney from Will Ferguson & Associates in Albuquerque, New Mexico, can be your strong advocate in a lawsuit against a tobacco company.
The Plaintiffs in Tobacco Lawsuits
When a private party sues a tobacco company, it is usually because the plaintiff has become extremely ill due to tobacco use. This includes serious illnesses such as cancer, emphysema and vascular disease. Family members of people who have died from tobacco-related illnesses also have filed lawsuits against tobacco companies.
Sometimes, the plaintiffs in tobacco lawsuits began smoking before the companies admitted to the health problems that tobacco causes or put warnings on packs of cigarettes. By the time the companies began to publicize the dangers of tobacco, the plaintiffs were addicted.
Holding Tobacco Companies Liable
Plaintiffs have used numerous strategies to hold tobacco companies liable for their injuries. Some successful cases have been brought on a theory of products liability. This means that the cigarette manufacturer made a product that was defective in some manner:
- The tobacco company failed to warn consumers of the dangers presented by tobacco use
- The tobacco company made false statements about the dangers of tobacco use and concealed the truth
- The tobacco company manufactured and sold a product that was unreasonably dangerous or defective>
Failure to warn cases are based on the theory that cigarette companies knew for many years the dangers posed by cigarettes and other tobacco. Even though the companies knew, they did not warn consumers. They finally did make warnings after the federal government required them to do so. The problem is, once the warnings were made, countless people were already addicted to the tobacco because of the nicotine and other ingredients.
Some cases assert that the tobacco companies misled the public and the government about the dangers even while the companies knew the truth. The plaintiffs allege that the companies, in lobbying and public relations, created the sense that there was a controversy over whether tobacco did indeed create a health risk to users. By doing so, the companies perpetuated harm against the consuming public.
Claims of unreasonably dangerous or defective products assert that cigarettes are so harmful that their usefulness is outweighed by the damage they are likely to cause.
Tobacco Company Defenses
Tobacco companies defend themselves vigorously when a lawsuit is filed against them. They may use several defenses, depending on the facts and the law of the case. This is why it is so important to have a competent, experienced attorney on your side.
Typically, the tobacco company will deny liability for the plaintiff’s injuries. The defenses at the company’s disposal include denying that it hid certain facts on the negative effects of tobacco; arguing that the plaintiff assumed the risk when he or she began or continued to use tobacco; and asserting that the tobacco is not what caused the plaintiff’s health problems if other factors were involved.
Contact an Attorney
If you or your loved one has suffered serious health issues because of tobacco use, you may have a case against the tobacco company. To discuss your legal options, contact an attorney from Will Ferguson & Associates in Albuquerque, New mexico.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.