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  1. #1

    Question Is It Possible to Sue a Tobacco Company

    My question involves injury or loss that occurred in the state of: Missouri

    Hello, and first off thank you for your help in advance.

    My dad passed away August 14th 2009 of small cell lung cancer. He collapsed one day with no previous warning and then died 21 days later. The doctors indicated it was highly probable that my fathers lung cancer death was due to smoking.

    My dad died at the age of 63 and had been smoking since he was about 18 years old. He always smoked the same brand of cigarretes and even had a collection of items he got from sending them saved proofs of purchase.

    My question is, being my dads only son, is it possible for me to sue this particular tobacco manufacturer on my dads behalf?

    If so, would it be possible that an attorney could do this for a fair portion of the winnings stemming from the suit?

    I feel like my dad was victimized because when he started smoking there was very little information or documentation to deter him. Additionally, it seems that the manufacturer went to great lengths to promote my dads addiction even to the point of offering him free merchandise for saving and sending in proof of his tobacco purchases.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Is It Possible to Sue Tobacco Company

    There is no chance in hell.

  3. #3

    Default Re: Is It Possible to Sue Tobacco Company

    Quote Quoting cyjeff
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    There is no chance in hell.
    LOL thank you for your frank answer. I only been here a few hours and I already love this place.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is It Possible to Sue Tobacco Company

    Dazed, it would take the evaluation of a products liability attorney. The door is not completely shut, but it will be a paramount task.

    The state's were able to sue big tobacco and were successful. Theory being, in part, misrepresentation and fraud.

    The states were paying out billions a year in Medicaid for tobacco related illnesses and the Cig companies were making record profits.

    My state, I think, got 10 billion over 25 years.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Is It Possible to Sue Tobacco Company

    Quote Quoting BOR
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    Dazed, it would take the evaluation of a products liability attorney. The door is not completely shut, but it will be a paramount task.

    The state's were able to sue big tobacco and were successful. Theory being, in part, misrepresentation and fraud.

    The states were paying out billions a year in Medicaid for tobacco related illnesses and the Cig companies were making record profits.

    My state, I think, got 10 billion over 25 years.
    Which is why there is no chance.... the states have already been paid for the liability.

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Is It Possible to Sue a Tobacco Company

    Suing tobacco companies was the rage for a while, but they uniformly win. (In private causes of action.) Even the billion dollar judgment here in Florida in a big class action was reversed. No lawyer is going to touch an individual tobacco case. There also isn't any realistic chance of a class action. As a relative other than a direct victim, your position is even weaker, so as the others have said, not a chance. Also, as mentioned above, the tobacco company's have paid many of the states a pound of flesh so you won't get any cooperation there either.

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