Family members whose relatives died in a house fire allegedly caused by a cigarette sued the tobacco company claiming that the company’s cigarettes were defective because they were not “fire safe”. The plaintiffs sought class action status on behalf of other Canadians who were injured or suffered a loss as a result of a cigarette fire that occurred after October 1, 1987. In this decision, the court ruled that a class action was not appropriate because the class could not be sufficiently identified, a class action was not the preferable procedure, and that the proposed litigation plan for determining individual claims would not provide the tobacco company with sufficient input or procedural safeguards.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
Family members whose relatives died in a house fire allegedly caused by a cigarette sued the tobacco company claiming that the company’s cigarettes were defective because they were not “fire safe”. The plaintiffs sought class action status on behalf of other Canadians who were injured or suffered a loss as a result of a cigarette fire that occurred after October 1, 1987. In this decision, the court ruled that a class action was not appropriate because the class could not be sufficiently identified, a class action was not the preferable procedure, and that the proposed litigation plan for determining individual claims would not provide the tobacco company with sufficient input or procedural safeguards.