To the defendant in asbestos disease litigation, the answer could be but probably is not "yes." In the great majority of mesothelioma cases, the defendant will be unable to win simply because the plaintiff smoked. Consequently, the defense is rarely used in mesothelioma cases. In a lung cancer case, however, the defendant will always try to establish that "the cigarettes caused the lung cancer, not the asbestos." But even in a lung cancer case, the smoking defense can be overcome. Smoking and asbestos do not operate exclusive of one another. Smoking and asbestos exposure together has been demonstrated to significantly increase one's risk of developing an asbestos disease above what either smoking or asbestos inhalation could do on its own.
If you are or were a smoker, who has been diagnosed with mesothelioma or lung cancer, and you think you have been exposed to asbestos, I may be able to help you.
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