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Tobacco Company Cannot Use "Unreasonable Use" Defense

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At a glance:

A court in Massachusetts struck a blow to one of the tobacco companies' defenses against wrongful death lawsuits on behalf of smokers: the "personal choice" defense which states that the consumer knew the risks of using the product and behaved unreasonably by doing so. 
 
That defense is designed for products that are defective, or used for other than their intended purpose, the court ruled. 
 
The decision directly affects one Massachusetts lawsuit against Philip Morris by the widow of a smoker who died of lung cancer, but may also affect other cases. 
 

Massachusetts court strikes a blow to tobacco defense

Boston Globe - 5/18/2006 4:44 PM

BOSTON --The state's highest court on Thursday limited one of the tobacco industry's most successful defenses in wrongful death lawsuits, ruling the companies cannot shield themselves from liability simply by claiming that smokers acted unreasonably by lighting up when they knew cigarettes were dangerous.
 
The court's ruling came in a wrongful death lawsuit filed against Philip Morris Inc. by Brenda Haglund, a former Douglas woman whose husband died of lung cancer in May 2000
 
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