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Florida Case Could Affect a Broad Range of Inherently Dangerous Products
11/06/08 - 03:57 PM
Associated Press
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click for larger image Tallahassee, Fla:

The Florida Supreme Court is being asked to decide whether a cigarette company should be held liable just because it makes a dangerous product.

It’s a case that could affect a broad range of inherently dangerous products from beer to boats.

A tobacco company lawyer asked the court to reverse a $545,000 product liability verdict.

The attorney for Liggett Group argues the sick smoker who won the judgment was not required to prove the firm could have made a safer cigarette.

The Liggett attorney admits cigarettes are unusually dangerous and that people who smoke know the risk associated with smoking. He questions whether that alone is enough to hold cigarette makers liable, or whether a plaintiff must prove that a manufacturer can produce a safer product.

He claims there is a list of 25 products—including beer, boats, knives and motorcycles—that could be affected by this case.

The case involves a Broward County woman named Beverly Davis. She sued Liggett alleging that she was injured from smoking Chesterfield cigarettes from 1951 to 1974.

Among her claims: Liggett was liable for her illness because the illness was caused by defects in the cigarettes and Liggett was negligent in designing and testing the cigarettes and warning consumers about their health hazards.

Ms. Davis won the lawsuit and the jury awarded her $545,000 in damages.
   
(Copyright 2008 by The Associated Press.  All Rights Reserved.)

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