Smith v. Brown and Williamson Tobacco Corp.

A prison inmate filed a product liability claim against manufacturers of cigarettes alleging that he had been exposed to environmental tobacco smoke (ETS) while incarcerated, which led him to become an involuntary user of tobacco products. He claimed damages and argued that tobacco products were defective under State Law because they were "inherently and unreasonably dangerous." The district court found that he had failed to factually prove that he had an actionable claim. The Appellate court affirmed the district court's decision, holding that the claimant had failed to demonstrate that the products were unreasonably dangerous, meaning that the condition of the product was "not reasonably contemplated by the users of the product."

DOWNLOAD DOCUMENT

Smith v. Brown and Williamson Tobacco Corp, 107 F.3d 873, United States Court of Appeals for the Seventh Circuit (1997).

  • United States
  • Feb 5, 1997
  • United States Court of Appeals for the Seventh Circuit

Parties

Plaintiff Benjamin Smith

Defendant

  • Brown and Williamson Tobacco Corporation
  • Phillip Morris Incorporated
  • R.J. Reynolds Tobacco Company

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None