Posted by Tiffany Sanders J.D. | Posted in Personal Injury Cases in the News
The Massachusettes Supreme Judicial Court precluded an important defense for cigarette makers facing personal injury claims from smokers.
While “improper use” is a defense in many product liability cases, the court ruled that because cigarettes could not be used safely for their intended purpose. As such, “there can be no non-unreasonable use of cigarettes.” This prevents cigarette manufacturers from arguing that plaintiffs are responsible for their own injuries because they used cigarettes in a harmful way.
Although the ruling has legal effect only in the state of Massachusetts, the precedent may impact tobacco litigation across the country.
