Smoking Defense

The smoking defense is the argument that a plaintiff's lung disease was caused by cigarette smoking rather than asbestos. It is common in lung cancer and some nonmalignant cases. It does not apply to mesothelioma in the same way, because smoking is not a recognized cause of mesothelioma.

Origin

As asbestos lung cancer cases grew from the 1970s, defendants pointed to the many plaintiffs who smoked. Research by Irving Selikoff and colleagues in the 1960s and 1970s showed that smoking and asbestos together multiply lung cancer risk far beyond either alone, and that finding has shaped both sides' arguments since.

Significance in Asbestos Context

For a smoker or former smoker with lung cancer, this defense is often the central fight. The medical evidence is that asbestos and smoking act together: each raises lung cancer risk, and the combination raises it much more than adding the two risks would suggest. Plaintiffs therefore argue that asbestos was a substantial contributing cause even if smoking also contributed, often supported by evidence of asbestosis or pleural plaques and by significant exposure. Defendants argue the cancer would have happened anyway, or ask the jury to assign a share of fault to the plaintiff's smoking or to tobacco companies, depending on state comparative-fault law. For mesothelioma, smoking may be raised to reduce damages for life expectancy but not as an alternative cause. Asbestos trusts do accept lung cancer claims from smokers; the higher-paying lung cancer level usually requires evidence of asbestosis or bilateral pleural disease, and a lower level (often called Lung Cancer 2) covers claims without it. Some plaintiffs also smoked brands like Kent cigarettes with asbestos filters, which complicates the picture.

Example Sentence

The defense pulmonologist testified that his 40-year smoking history caused the lung cancer, while the plaintiff's expert pointed to his asbestosis and the combined effect of both exposures.

Related Terms

Lung Cancer, Synergistic Effect, Specific Causation, Comparative Negligence, Kent cigarettes, Doubling of Risk, Substantial Factor Test

Notes

• Be honest and consistent about your smoking history; it will be checked against medical records.
• Smoking does not prevent an asbestos claim, but it changes how lung cancer cases are proved.
• If you still smoke, ask your doctor about help quitting; it matters for your health and treatment.