California changes time tobacco injured residents can file suit

Posted on May 6, 2011 by RB There have been 0 comments

The Los Angeles Times reported on Thursday about changes to the amount of time a plaintiff has to file a lawsuit that is related to smoking, even if they have been diagnosed with another illness years before.  Huh? Well, basically, California has had a law that limits the amount of time people have to file a lawsuit to two years from the time that an illness or injury results.  Now, lawsuits that may have been previously thrown out due to time limitations may still have their time in court.
The example given in the Times focuses in on a woman who developed COPD--a chronic emphysema and bronchitis--in 1989, but didn't seek retribution from tobacco companies until 2003 when she was diagnosed with lung cancer.  She knew that her breathing issues were directly related to smoking, but waited--and now, she still has every right to sue as she would have then.
A judge over the ruling decided that even though more than one illness develops from smoking, they can be considered different and that the timetable for litigation doesn't have to necessarily begin with the first onset of illness.
Of course, tobacco company representatives are crying foul--claiming that many people who may be able to file suit thanks to the ruling have already had their chance--and passed it.  Of course, why would they want to take the chance that they would have to shell out millions more in settlement costs? Can't say that I really blame them.
One fantastic point to be considered though, is that it's just one more tiny victory for the little man against big tobacco.  For the select California residents who thought they had missed their chance, now is the perfect time to claim their little chunk of tobacco's money roll.


This post was posted in Smoking Statistics and was tagged with tobacco addiction, smoking law, tobacco lawsuit

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