The adverse effects of smoking cigarettes are common knowledge. While currently cigarettes must be sold with warning labels, that was not always the case. As such, if someone began smoking decades ago and suffered harm as a result, he or she may be able to pursue claims against cigarette manufacturers on various theories of liability.
Notably, Massachusetts is a jurisdiction that allows such claims, as shown in a recent case in which the Superior Court of Massachusetts ruled that a plaintiff could proceed with its product liability claims against a cigarette manufacturer, denying the defendant manufacturer’s motion for summary judgment. If you or a loved one suffered harm due to a dangerous product, you should meet with an experienced Massachusetts personal injury attorney to discuss your options for pursuing compensation.
Plaintiff’s Decedent’s History of Smoking
Allegedly, the plaintiff’s mother began smoking the defendant’s cigarettes in 1963 when she was 13 years old after she was given free cigarettes by one of the defendant’s representatives. She became addicted to cigarettes and smoked two packs per day for decades. She was diagnosed with cancer in 2016 and ultimately succumbed to the disease. She smoked until her death. After the decedent’s death, the plaintiff filed a wrongful death lawsuit against the defendant, alleging negligence, breach of warranty, conspiracy, and violation of G.L.c. 93A. The defendant filed a motion for partial summary judgment, which the court denied.