Legal Question in Personal Injury in Maryland
Cancer/tobacco
A member of my family has lung cancer. He smoke over 25 years. He is finishing radiation therapy, etc.- 9months worth. He is 48yo, wife, 3 children, blue collar worker, will have permanent dibility or may still die, he is affraid it will come back too. The bills are very high. He can proove cancer was from cigarret use. Can he sue the tobacco companies or anything?
1 Answer from Attorneys
Re: Cancer/tobacco
To recover for damages caused by cigarettes, you must be able to show: 1) the cigarette company owed some duty to you; 2) the company breached that duty; 3) you suffered damages; and 4) the damages were caused by the defendant failure to comply with their duties.
For instance:
A duty may require a company to warn you if their product causes lung damage or creates a danger of an illness or disease.
The company may breach that duty if they do not warn people that the use of their product could put them in danger.
The damage may be lung cancer.
Finally, if the lung cancer occurred because the person was not warned of the danger of a product (the person would not have smoked if the company told him cigarettes could cause him lung cancer), the company may be ordered to pay for the damage they caused.
Fianlly, the company that profited from selling a product without an adequate warning can be made to pay for the damage they caused.
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