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

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.