"Any society that would give up a little liberty to gain a little security will deserve neither and lose both." ~ Benjamin Franklin

Scottish Judge Rules for Common Sense

>> Wednesday, June 01, 2005

Taken from The Scotsman.

A SCOTTISH judge yesterday dealt a devastating blow to the anti-smoking movement after dismissing a widow’s claim that a cigarette company was responsible for her husband’s death from lung cancer.

He added that Alfred McTear, a 60-a-day man who died aged 48 in 1993, had known, like the rest of the general public, of the health risks associated with smoking, but had chosen to ignore them.

Lord Nimmo Smith stated: "There is no breach of a duty of care on the part of a manufacturer if a consumer of the manufacturer’s product is harmed by the product, but the consumer knew of the product’s potential for causing harm prior to consumption of it.

"The individual is well enough served if he is given such information as a normally intelligent person would include in his assessment of how he wishes to conduct his life, thus putting him in the position of making an informed choice."

The article makes mention of recent lawsuits against the tobacco industry which have been won in the US and in Italy.

Although the article goes on and pinpoints other aspects of the case I think that the above statements are, finally, putting personal responsibility where it belongs; on the person. And I applaud the judge who made this ruling.

Anyone who has seen a pack of cigarettes is aware of the dangers of smoking. I feel that if you choose to smoke- knowing the risks- then the consequences are on you. You have made an informed decision; suck it up and live with it.

And now I will step down from my soapbox.

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