The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour

21 Pages Posted: 21 Jan 2020

See all articles by Ilse Samoy

Ilse Samoy

KU Leuven

Christopher Borucki

KU Leuven

Anne Keirse

Utrecht University - School of Law

Date Written: December 13, 2019

Abstract

Can tort law play a significant role in the Dutch and Belgian legal systems in the legal fight against damage caused by smoking behaviour? This contribution looks into the compensatory function of tort law. It examines the possibility of compensating victims of damage related to the use of tobacco products. Central to that inquiry are the questions on who can potentially be held liable and on which liability grounds a claim in tort can be based. Particular attention is paid to the manufacturers of tobacco products. The latter’s liability depends not only on their own conduct, but also on the health risks taken – or rather ignored – by the consumer. As the adverse effects of tobacco smoke have become commonplace, the role of tort law is rather modest. A successful claim is not obvious, but it is possible in specific circumstances.

Keywords: Tort law, compensation of damage, damage caused by smoking behaviour, contributory negligence

Suggested Citation

Samoy, Ilse and Borucki, Christopher and Keirse, Anne, The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour (December 13, 2019). Utrecht Law Review, Vol. 15, No. 3, p. 78-98, Available at SSRN: https://ssrn.com/abstract=3521457

Ilse Samoy (Contact Author)

KU Leuven ( email )

Oude Markt 13
Leuven, Vlaams-Brabant 3000
Belgium

Christopher Borucki

KU Leuven ( email )

Belgium

Anne Keirse

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

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