The tobacco industry has been fighting product liability lawsuits filed against them and their product for the last 50 years, but it is only recently that the courts are ruling in favor of plaintiffs with claims of injuries involving tobacco use.

Although tobacco and health problems were anecdotally linked as early as the 1950s, these suspicions did not give rise to scientific studies and papers until the 1960s, when the link between smoking tobacco cigarettes and developing lung cancer were clearly and unequivocally defined.

Before the studies were completed, unfortunate victims of lung cancer or emphysema caused by cigarette smoking were not successful in winning claims filed against big tobacco. In fact, these individual plaintiffs were often further by the tobacco companies, which repeatedly refused to settle out of court and used all of their ample financial resources to fight the allegations; a highly costly process to cope with for one lone individual.

Tobacco manufacturers alleged either that: tobacco itself was not a harmful substance and that those who smoked and became sick had been exposed to other risks or that the smokers had brought the risk upon themselves when they opted to begin smoking cigarettes and that this was not the responsibility of the manufacturer. At this point, every lawsuit involving a tobacco company was won by the tobacco manufacturer.

Gradually, over time, numerous former smokers who developed lung cancer or other smoking-related illnesses sued the cigarette manufacturers, alleging that the companies were well aware that smoking causes lung disease and that cigarettes are addictive but did not warn consumers adequately of these dangers. Cigarette companies were forced to provide substantial warnings on their packaging fully disclosing all of the risks; it is illegal to sell a dangerous product without these warnings.

These cases were not successful until the 1990s, when documents outlining the addictive properties of cigarettes were leaked from inside the major tobacco companies, clearly indicating their prior knowledge and awareness of the harmful effects of tobacco use.

Tobacco continues to this day to be one of the largest industries in the United States and anyone injured by tobacco use or exposure is up against a formidable opponent. Recently the California Supreme Court extended the two-year statute of limitations for filing a claim against cigarette companies, an action that may open the floodgates for litigation against tobacco companies.

Although smokers will still be considered partially responsible for any diseases they develop if they were aware of the dangers of smoking, and must still prove that cigarette smoking or tobacco use directly caused their illness and that the conduct of the cigarette company prevented them from making an informed decision about smoking, this extension may pave the way for ground-breaking lawsuits that tips the balance of legal favor away from large tobacco manufacturers.

If you or a loved one has developed lung cancer, emphysema or any other health problems as a result of cigarette smoking, cigarette smoke exposure or exposure to chewing tobacco, don't wait, act quickly to find a personal injury lawyer to help you file your case.