Can I sue big tobacco if second hand smoke gives me an illness?

Question

Selling a product known to cause cancer and recklessly endangering my life from second hand smoke.

Answer 1

If the judge had any sense he'd dismiss the case.
You knew the risks of smoking so why did you hang out with smokers?
Many things can cause cancer, not just cigarettes. Asbestos in buildings, working with chemicals, inhalation of dust, sunlight.

Answer 2

i doubt it. you would have to actually get an illness that you can prove was caused by second hand smoke and I believe you would be the first person to do so. Then you would have to prove which company was probably responsible, and that you were not negligent by being around so many smokers (although in many places this would just decrease any awarded damages and not completely bar recovery). There is no real scientific evidence that second hand smoke is more than a nuisance, and you would not be able to sue tobacco companies for nuisance you would have to sue the smokers. Read this study conducted by a UCLA professor to learn about the dangers of secondary smoke. http://www.data-yard.net/43/1057.pdf
At this point of time everyone should know the dangers associated with smoking. Tobacco companies provide warnings on the packs, advertise on TV, radio, and print, and have websites detailing the dangers of their products. If you choose to smoke despite the warnings you are assuming the risks associated with your conduct.

Answer 3

Depends. Where were you, that you became ill from this toxin? Could you have done anything to not contract the illness? These are the kinds of questions you have to ask and answer. In the end, these questions will both make and break any case. If you could have avoided it and were aware of the consequences, then you are liable for recklessly endangering your own life. However, in this, the 21st century, with printed warnings from the previous 30 years, how could you not know? All advertisements for tobacco products were required to carry the warning. The product carries the warning. Heck! C E Coop even showed up on PSA spots to warn us, bothon TV and Radio... Unawareness is a weak arguement.

Answer 4

I'm pretty sure they've got hundreds of lawyers just to prove that you were purposefully standing where you knew you were being exposed to second hand smoke.

You have to remember - these are the people who print 'may cause lung cancer' on a product that has been repeatedly proven to cause lung cancer, and yet continues to sell said product to hundreds of thousands of customers who gladly shell out their hard earned money, just to suck on a cancer stick.

Back when I used to smoke, I always used to joke that I only smoked the kind that caused low fetal birthweight in pregnant women.

Answer 5

You can try to find a lawyer to file for you but I would think the chances of actually winning are decreasing these days. And if you file, prepare to spend years as the case works its way through the courts.

Answer 6

if you have the time and money .. you can sue anyone for pretty much anything

and I have issues with your question

thats kinda the problem ... its like all of a sudden we all fell off the turnip truck and realized smoking was bad .. but no one wants to take accountability ... if you dont like the smell of smoke its your body telling you to leave the area ... and should you choose to stay, why do you feel someone should have to pay you should you get sick?

Answer 7

you can't prove it,short of hiring incompetent lawyers and doctors. but sadly you probably could sue for it in the US. why not push to have tobacco made illegal,then you can help make up the billions annually in lost tax revenue.

Answer 8

go ahead and try but the big companies pretty well have it sewn up with their big gun lawyers. Sorry

From another 2nd hand smoke sufferer

Answer 9

As soona s you can PROVE in court that it was caused by second hand smoke.

Answer 10

The cigarette industries have already settled on an amount to pay to resolve any claims. Sorry.