Breathe Deeply: The Tort of Smokers' BatteryFaculty Publications
AbstractThis Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.
Citation InformationIrene Scharf, Breathe Deeply: The Tort of Smokers' Battery, 32 Hous. L. Rev. 615 (1995)