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Cigarette damages

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astondog | 18:15 Mon 04th Sep 2006 | Law
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Why cant we pursue cigarette companies for damages in this country.
There were no warnings when I started smoking (don't now I've lost a leg) and they were advertised as the thing to do, and a lot of us fell for it. Cheers
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did you know that you could have given them up.
No-one made you smoke, least of all the companies. They provide the goods but it's up to you whether you buy them or not. If you were meant to smoke you would have a chimney on your head!
I know the US has had some sucess in this area and perhaps the UK will also eventually but really it's a self inflicted situation. I cannot see any argument that does not at least put some responsibility on the smoker, therefore very difficult to show culpability. For example you say that when you started they didn't have warnings, so when they got them did you stop? No you didn't therefore you ignored warnings.
The dangers of smoking have been public knowledge for a very long time.

Even before WWII cigarettes were often called 'coffin nails'.

Here is a time link of UK studies into the dangers of smoking:
http://news.bbc.co.uk/1/hi/health/4377928.stm

Anyone who smoked beyond 1960 knew they were risking their health.


Because it's been known for over 40 years that smoking can cause cancer, heart disease and generally damage your health. I don't think anybody who has the gift of hearing to be able listen to the radio or TV, or the ability to read newspapers can legitimately claim they didn't know this. The evidence has been widely available

Our health is our own responsibility. If it suits us to let advice fall of deaf ears, unfortunately we have to accept the consequences. We all think "it will never happen to us". Sadly it does if we choose to ignore good advice.
You are perfectly at liberty to sue a tobacco company. What your chances of anything other than a large legal bill are I don't know.
What happened when you took your first puff ?? Ans = you choked.
Why on this earth did you contiue doing something when it was obviously bad for you.
When I see smokers I always imagine them as Sheep - a thoroughly stupid animal that follows the rest of them.
Although I agree with these previous posts and find smoking reprehensible, the answer to your question lies thus:
a) As eloquently pointed out, it was your choice. Having ignored warnings, the courts are not likely to have pity for you.
b) In tort, this is know as the floodgates policy, as put by LJ Cardozo: "It would open the floodgates for claims of an indeterminate numer, for an inderterminate time, to an indeterminate number", ie they do want everyone suing, or opening the 'floodgates' of litigation. Our court system is already overloaded and we prefer common sense to a compensation culture.

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