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Breathe Deeply: The Tort of Smokers' Battery
Faculty Publications
  • Irene Scharf, University of Massachusetts School of Law - Dartmouth
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Publication Date
This 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.

Originally published in the Houston Law Review in 1995.

Citation Information
Irene Scharf, Breathe Deeply: The Tort of Smokers' Battery, 32 Hous. L. Rev. 615 (1995)