Liability Waiver in Exchange for Cheap Smokes August 2, 2000
News Summary
One cigarette discounter based in Spokane, Wash., will sell you low-cost cigarettes -- but only if you agree to sign a liability waiver, the Spokane Spokesman-Review reported July 28.Cigarettes Cheaper sells its own brand of cigarettes for about $2 a pack less than the cost of national brands at other stores. In order to take advantage of the discounted price, however, buyers must sign a waiver acknowledging the health risks of smoking and agreeing not to make any claims against the store.
Those who sign the waiver are issued an ID card and can buy the store's cheaper brands, which are made in Europe.
With two stores already located in the Washington area, Cigarettes Cheaper is opening 50 more stores nationwide this weekend.
Because the chain's brands of cigarettes are new, company spokesman Ned Roscoe said they don't have the same liability problems as national brands that have been available in the days when people were not as aware of smoking's health risks. "The idea that people don't know the negative effects of smoking is far-fetched," Roscoe said. "It's ridiculous."
Waivers are not required to buy brand-name cigarettes.
The whole waiver issue is being questioned on the legal front. In particular, it is debatable whether such a waiver would protect the company from potential liability. "Washington courts are very vigilant to ensure that releases and waivers are not misused to perpetuate public health and safety problems," said Darrell Scott, an attorney with Lukins & Annis. Scott added, though, that those who sign the waiver would be confronted with it in court if they ever did sue.
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