LD 1720
pg. 5
Page 4 of 5 An Act to Recover Economic Loss Attributable to Tobacco Use LD 1720 Title Page
Download Bill Text
LR 2510
Item 1

 
 
SUMMARY

 
This bill creates a uniform prospective remedy for recovery of
economic loss caused by tobacco exposure. Related costs and
legal fees are also recoverable. The liabilities created by the
law apply only to manufacturers and not to other members of the
tobacco industry.

 
Manufacturers are prospectively held to a strict liability
standard and are deprived of the contributory negligence defense;
but victims may not recover noneconomic damages. This is
parallel to the trade-off created by workers' compensation laws.
The bill is, in essence, a "tobacco compensation" statute.

 
Group losses asserted by the State, insurers or health care
providers are provable on the basis of market share liability
with the aid of certain presumptions that the manufacturers are
permitted to rebut or adjust.

 
Remedies contained in the bill are expressly cumulative and
not intended to foreclose remedies that may exist or arise from
interpretations of common law or state or federal laws. Amounts
that may be recovered in prior tobacco settlements are credited
against any losses to which those recoveries pertain.


Page 4 of 5 Top of Page LD 1720 Title Page