Contact Us

Court awards 500,000 lira for death linked to smoking

The Ankara Regional Court of Appeals has ordered a tobacco company to pay 500,000 lira in compensation to the daughter of a man who died from lung disease caused by decades of smoking its cigarettes. The court held the company responsible for the man's death due to its addictive and harmful products.

Agencies and A News HEALTH
Published January 09,2025
Subscribe

The Ankara Regional Court of Appeals has ruled that the daughter of a person who used cigarettes produced by an international tobacco company for many years and died from chronic lung disease caused by the toxic substances in the cigarette should be paid 500,000 lira in moral compensation.

According to the case file, lawyer Senem Ülküm Yılmazel's father, Adnan Yılmazel, passed away from CHRONİC OBSTRUCTİVE PULMONARY DİSEASE (COPD) in 2017.

Yılmazel filed a lawsuit in the Ankara 11th Consumer Court for 1 million lira in moral damages, claiming that her father, who had smoked the same brand of cigarettes for over 50 years, could not break free from addiction due to nicotine and other substances in the cigarettes, and that his death was a direct result of the cigarette's harmful effects.

After the first-degree court ruled that the tobacco company should pay 10,000 lira in moral compensation, both parties appealed the case to the 3rd Civil Chamber of the Ankara Regional Court of Appeals.

The Chamber's decision recalled that the plaintiff's father, who had smoked the relevant brand of cigarette for many years, had become addicted due to both tobacco and other chemicals added to cigarettes, and ultimately developed COPD after years of use, which led to his death.

"CANNOT BE IGNORED"

The ruling referenced examples from cases heard by the U.S. Supreme Court, noting that while these cases are not binding under Turkish law, they demonstrated that facts proven by medical science and objective standards cannot be ignored by the Turkish judiciary.

The court highlighted that it was evident from witness testimonies and case evidence that the plaintiff's father had smoked for over 50 years. It emphasized that under the Turkish Law on Consumer Protection (Law No. 6502), producers are obligated to produce safe products that meet basic health safety standards.

The court also reminded that according to Article 6098 of the Turkish Civil Code, a judge may order moral compensation if a person's bodily integrity is harmed, and in cases of severe injury or death, the relatives of the injured or deceased may also be entitled to moral compensation.

The ruling stated that the plaintiff's father's death was caused by the defendant's product, which could be considered defective, and that the harm was physical in nature.

It noted, "The defendant's behavior had been indifferent to the plaintiff's father's health since the company began producing cigarettes in Türkiye.

Nicotine is an addictive substance that makes smokers highly vulnerable to rationalizing harmful behavior, and it is clear that due to this addiction, the plaintiff's father became physically, psychologically, and eventually economically vulnerable."

DEFENDANT COMPANY'S RESPONSIBILITY

The decision continued, stating that the defendant company knowingly continued to produce cigarettes, a harmful product, and made the product more appealing to consumers by adding chemicals such as flavorings.

"When considering that the defendant even marketed 'light' cigarettes as less harmful, it is evident that the defendant's actions—marketing a defective product knowing it would lead to the deaths of thousands due to addiction—demonstrates a blatant disregard for human life," the ruling stated.

The court also addressed the defendant's defense, which claimed that the consumer was aware of the risks, as product packaging included warnings about the dangers of smoking.

However, the court rejected this argument, pointing out that nicotine addiction meant that the plaintiff's father was not making a fully independent choice, and the defendant's persistent actions over the years contributed to his continued smoking despite the risks.

ADDICTION AS A KEY FACTOR

The ruling further emphasized that the addictive nature of nicotine meant that the plaintiff's father, like many others, was internally compelled to continue smoking, making it impossible to speak of fully independent will or choice.

The defendant, despite knowing about the addiction, continued producing and marketing the product, which the court found unacceptable. The ruling concluded, "The plaintiff's father's actions do not absolve the defendant of liability for moral compensation."

The court emphasized that the company's production and sale of a defective product that it knew could cause death was a direct violation of the fundamental human right to life, which is protected under both national and international law.

The defendant's actions were considered faulty, and the court ordered the tobacco company to pay 500,000 lira in moral compensation to the plaintiff, noting that the initial compensation amount was too low.