Tobacco and product liability compensation

It may be surprising for many to learn that very few people have received substantial sums of product liability compensation from tobacco manufacturers.

Because the US is home to most of the world's tobacco manufacturing giants, it has naturally been the centre for the majority of tobacco product liability compensation claims.

Even those that have been successful have often been overturned on appeal. For example, in 2006 a Florida court overturned an earlier jury decision to award $145 billion (US) to claimants who formed part of a class action product liability claim.

Central to the decision to overturn the original ruling were difficulties in proving that tobacco companies deliberately acted to conceal from the public the harmful effects of tobacco smoking.

The vast majority of tobacco companies do now accept that smoking cigarettes greatly increases both the risk of heart disease and the risk of lung cancer.

However, there are still an obstinate minority of tobacco companies who steadfastly continue to claim that the science showing causal links between tobacco and these diseases is too tenuous to be considered authoritative.

Some tobacco product liability claimants suffering from lung cancer have enjoyed success in claiming compensation from manufacturers. This is because just as with asbestos claims they do not need to prove absolute causation, only that "on the balance of probabilities" they developed lung cancer through exposure to the noxious substance.

Claiming product liability compensation for heart disease caused by tobacco is considerably more difficult. This is because heart disease is so common in the western world anyway, and a claimant would have great difficulty in proving that their heart disease was caused by tobacco rather than some other causative factor.

One kind of product liability case involving tobacco that is much more straightforward is that of the "bad cigarette".

While clearly all cigarettes could be said to be bad, in legal terms a "bad cigarette" is one that is defective in a way that the manufacturer never intended it to be.

If, for example, a cigarette contained an unusually high level of arsenic, anyone adversely affected should, in theory, be able to claim product liability compensation.

Making a no win, no fee product liability claim
If you have been unlucky enough to suffer personal injury as a result of a manufacturing defect, you should be able to claim product liability compensation.

Here at YouClaim, we are the experts in product liability litigation. Our no win, no fee solicitors have years of experiencing in resolving this kind of claim and all are governed by the high standards of the Solicitors Regulation Authority.

It may reassure you to know that your compensation claim will never cost you a thing. Win or lose, we guarantee to protect you from all costs and fees and, in addition, promise never to take a cut from your compensation award.

To begin your product liability claim today, simply call 0800 10 757 95.

Alternatively, you may wish to fill out an online claim form, request we call you back or discuss your claim live on e-chat.