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I would argue against this form of liability being used in litigation against tobacco manufacturers. I believe that the product (cigarettes) is not defective and is being manufactured the way it is intended. If a smoker gets lung cancer or another form of cancer from cigarettes, she should not be able to sue under strict product liability.
During the last 15 years, juries seem to have ignored this and have awarded plaintiffs unreasonable monetary awards in tobacco cases. I believe, in many cases, the juries are offering sympathy to the plaintiffs and punishing the tobacco manufacturers even though they should not be considered liable under the strict liability policy...
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Common topics in this essay:
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