Credit: 5 Second Studio/Shutterstock.com. Appellate Court: Erroneous Jury Instructions Call for New Trial Against Tobacco Companies
"The purpose of anchoring liability to the point in time when the defective product is sold or distributed is to give manufacturers an incentive to create safer products. ... Were we to adopt the defendants' view that liability should attach only up until the point in time a smoker becomes addicted to cigarettes, that incentive would be severely diminished, or even eliminated," the Massachusetts Court of Appeals ruled.
April 12, 2022 at 06:03 PM
7 minute read
The Massachusetts Court of Appeals reversed a trial court's judgment in favor of two major tobacco manufacturing companies, finding the jury was erroneously instructed that the plaintiff had to prove a reasonable alternative design was available before the plaintiff's decedent became addicted to cigarettes.
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