Most American lawsuits have been individual product liability claims filed by smokers or their families. These cases seek financial compensation for serious injury or death. Thousands of these lawsuits have been filed in the U.S. in the past 50 years, and hundreds are in litigation right now. Yet, in only four cases have claimants been awarded money by the jury, and three of those cases have been overturned on appeal. The rest have been abandoned or have resulted in legal victories for the defense.
Some victims have trouble proving causation.
Early on the problem was convincing juries that tobacco causes disease and death. Now the problems seem to be more about proving that their own disease was caused by smoking and that it was the defendant's brand that did it. The first problem is much greater for those with heart disease than with lung cancer. The second problem is much greater for those who have switched brands. U.S. courts do not treated products as defective on the basis of danger alone.