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| Subject:
legal question
Category: Miscellaneous Asked by: 211563-ga List Price: $20.00 |
Posted:
08 Jul 2005 15:02 PDT
Expires: 11 Jul 2005 08:23 PDT Question ID: 541385 |
If someone traveled from Atlanta to New York in 1964 to attend the worlds fair and was given by the flight attendents several small packs of ciggarettes causing that person to become addicted and develoop a thirty year smoking habit tht ruined their health....could Delta be held liable forty years later? |
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| There is no answer at this time. |
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| Subject:
Re: legal question
From: sublime1-ga on 08 Jul 2005 15:31 PDT |
Hi Randy... I believe 1964 was well before the tobacco scandal in which tobacco companies began to be held accountable for deaths and disabilities related to the use of their products and the connection to addiction and cancer. Additionally, it seems to me that the matter of intent would be involved here. I seriously doubt that any suggestion of negative intent on the part of the airlines would be taken seriously. Finally there's the all-important issue of free will. The airlines merely gave out a legal product for free. It was entirely up to the recipient as to whether to use it. sublime1-ga |
| Subject:
Re: legal question
From: 211563-ga on 08 Jul 2005 16:30 PDT |
thanks, i just thought a fourteen year old young boy might be afforded some protection later in life like say victims of abuse as children...thanks. |
| Subject:
Re: legal question
From: myoarin-ga on 08 Jul 2005 19:16 PDT |
211563-ga, That makes the situation more unfortunate, but it would have to be proved that those were the first cigarettes he ever smoked - besides the other problems mentioend. Myoarin |
| Subject:
Re: legal question
From: borisshah-ga on 08 Jul 2005 21:27 PDT |
I would have to agree. The airline did not force you to smoke. If it gives you peanuts, you do not have to eat them or drink the liquor that they provide you with and so on. 40 years is way too long a time to be seeking revenge. 40 years after ypu became addicted. The 40 years you had to quit and save your health. |
| Subject:
Re: legal question
From: 211563-ga on 08 Jul 2005 21:48 PDT |
it wasn't me....i don't smoke.....it was my brother |
| Subject:
Re: legal question
From: clevegal42-ga on 09 Jul 2005 14:34 PDT |
I highly doubt that this suit would be successful, but I'm sure you could find an attorney that would take the case. That being said - you would have to show that the flight attendant meant to get your brother to start a 30 habit in order to get a finding that Delta was liable. That will be incredibly tough to prove. And yes, children that have been abused do get protection later in life, but often times that is because 1) the abuse was against their will and 2) a lot of children will supposedly repress the memories and not recover them until years or decades later. A 14 year old given cigarettes isn't forcing him to smoke. |
| Subject:
Re: legal question
From: research_help-ga on 11 Jul 2005 06:51 PDT |
This is a sad commentary on a world where too many people are trying to find other people liable for their own problems by bring nonsense lawsuits that tie up the courts and raise the costs of products for all consumers. |
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