R-2.2.0.0.1 - Tobacco-related Damages and Health Care Costs Recovery Act

Section 23 Disposition versions

2009-06-19

23. In apportioning liability under section 22, the court may consider any factor it considers relevant, including

(1)  the length of time a defendant engaged in the conduct that caused or contributed to the risk;

(2)  a defendant’s market share in the type of tobacco product that caused or contributed to the risk;

(3)  the degree of toxicity of the substances in the type of tobacco product manufactured by a defendant;

(4)  the sums spent by a defendant on research, marketing or promotion with respect to the type of tobacco product that caused or contributed to the risk;

(5)  the degree to which a defendant collaborated or participated with other manufacturers in any conduct that caused, contributed to or aggravated the risk;

(6)  the extent to which a defendant conducted tests and studies to determine the health risk resulting from exposure to the type of tobacco product involved;

(7)  the extent to which a defendant assumed a leadership role in the manufacture of the type of tobacco product involved;

(8)  the efforts a defendant made to warn the public about the health risks resulting from exposure to the type of tobacco product involved, and the concrete measures the defendant took to reduce those risks; and

(9)  the extent to which a defendant continued manufacturing, marketing or promoting the type of tobacco product involved after it knew or ought to have known of the health risks resulting from exposure to that type of tobacco product.

2009, c. 34, s. 23.