WTK Connect Details

Statute of Limitation Bars Smoker’s Economic Injury Claims

2007 | Topic: Product Liability

In Grisham v. Philip Morris U.S.A., Inc., decided February 15, 2007, the California Supreme Court held that a smoker's economic injury claim against tobacco companies could be barred by the limitations period of Bus. & Prof. Code, § 17208, even though there was no presumption that smokers were aware of smoking's addictiveness, because smoker admitted actual or at least constructive knowledge that she was addicted to cigarettes long before filing her complaint.