\"Product Liability\". The estate of Roseanne sued M.F. Pitt Tobacco Co. clamin
ID: 295326 • Letter: #
Question
"Product Liability". The estate of Roseanne sued M.F. Pitt Tobacco Co. clamin that she died of lung cancer caused by cigarette smoke. Roseanne was not a smoker, but her estate claimed that she was injured by breathing environmental tobacco smoke coming directly from the cigarette into the air or exhaled by nearby people who smoked. Discuss whether or not Roseanne should be considered as a "bystander" or as a user" of the product and what resulting duty. If any, was owed to her by the igarette manufacturer. See MacPherson v. Buick Motor Co. at 217 N.Y. 382, 111 N.E. 1050 (1916). Determine if the injured party should recover damages from the manufacturer in the stated example and state your rational.
Explanation / Answer
No the injured party must not recover the damage if Roseanne was not a smoker because most of the cigarette companies have the logo that "smoking cause cancer" so they have given an add which says they are not liable to this disease and they are against these disease . Moreover the cigarette company will have to sell cigarette so its not there fault.Then if she had come in contact with the smokers around her then it was her fault she should not be in such surrounding and those people surrounding her should be given punishment since it is a crime to smoke in public.
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