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Can I Sue a Cigarette Company?

Yes. In Massachusetts, there is currently a case against the Lorillard Tobacco Company which was just appealed after a jury awarded $81million in punitive damages. In this lawsuit, Lorillard was sued on various theories for the wrongful death of Mary Evans, after she died of lung cancer at the age of 54.

As a premise, tobacco litigation can be complicated--not just because of the uniquely dangerous and widely used product that it is, but also due to how much money is at stake. When tens of millions of dollars are at stake, it is only logical that millions will be invested in bringing and defending these claims. That level of financing tends to leave no legal theory unused. And that makes for good case law, drawing a very expensive road map for all followers.

This case was won on several theories, including breach of the implied warranty of merchantability, negligence in a variety of theories, including design, marketing and distribution, and in violation of our consumer protection statute, Massachusetts General Laws chapter 93A. The jury also found that Lorillard was grossly negligent and acted in a manner that was malicious, wilful, wanton, or reckless, justifying the punitive award.

Several motions were filed after the judgment was returned, affirmed in part of the non-punitive damages and ordering a new trial on the majority. However, this is a case in which the family and estate of one individual has been awarded tens of millions of dollars in damages. If everyone who has lost loved ones to cigarettes were to bring similar actions, these companies would likely substantially reduce the addition of addictive nicotine--or the companies themselves would be gone forever.

If a member of your family has lost their life to cigarette smoking, call our office today at 866-995-6663 and speak with a Boston wrongful death attorney for free.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Phone: (866) 995-6663
Address: 15 Court Square, Suite 800, Boston, MA 02108