Limitations regarding the use of quotes
The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The administrator of the estate of a deceased woman filed a personal injury suit against several tobacco companies, claiming that the woman's death resulted from lung cancer allegedly caused from exposure to environmental tobacco smoke and arguing that this was a foreseeable result of the unreasonably dangerous character of defendants' products. The Court dismissed the plaintiff's products liability claim for failure to state a claim upon which relief could be granted. The Court based its dismissal of the products liability claim on the fact that the plaintiff failed to state distinct allegations regarding the defective nature of the product and its unreasonably dangerous character. The Court, however, held that the plaintiff had alleged a negligence claim for which relief could be granted. Under this theory of relief, a supplier of goods may be held liable for the foreseeable results of the expected use of goods known to be unreasonably dangerous.