Pubdate: Mon, 01 May 2000
Source: Houston Chronicle (TX)
Copyright: 2000 Houston Chronicle
Contact:  Viewpoints Editor, P.O. Box 4260 Houston, Texas 77210-4260
Fax: (713) 220-3575
Website: http://www.chron.com/
Forum: http://www.chron.com/content/hcitalk/index.html
Author: Robert F. Adams

NO COMPENSATION IS DUE

I never cease to be amazed (and I am sure I am not alone in my
amazement) by the ridiculous state of our legal system as told in the
April 21 Chronicle article, "Suit may hurt tobacco payments to Texas."
A jury in Florida awarded $12.7 million to two smokers and the family
of a third who died last year. In addition, punitive damages of as
much as $100 billion to $300 billion could be awarded as well, perhaps
pushing the industry into bankruptcy. This would jeopardize the
already negotiated payments to many states, including Texas.

For sure, I have no sympathy for the tobacco industry. But they do
make and sell a legal product and people have the right to buy it or
not.

Anyone with minimum smarts knows that smoking is harmful to one's
health.

If people choose to accept the risks, why do they then expect that
they can sue for damages?

And why does our legal system permit it? Why do our juries continue to
award damages?

I can think of a dozen legal activities that are inherently dangerous
- -- skiing, skateboarding, mountain climbing, skydiving, etc.

If I am injured while doing these things, should I be compensated for
my foolishness? I think not.

Robert F. Adams, 
Houston
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