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I regularly see civil cases where, when one person is harmed, either directly or indirectly by another (for example, builders putting asbestos in a house, lead in pipes, etc), they are able to bring a tort civil case against the person causing the harm, to sue for damages:

https://mesowatch.com/asbestos-exposure-lawsuits/

This is because, chemically, asbestos causes cancer, and lead, poisoning.

There can even be lawsuits against offensive odours:

https://www.legalreader.com/porta-potty-odor-leads-class-action-lawsuit/

Putting the two types of cases together, both a chemical harm (EG causing cancer) and an odour, it strikes me smoking meets both criterion. Second hand smoke has clearly been documented as harmful, and certainly does smell:

https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm

Which does mean the harm is foreseeable by a smoker who continues to smoke.

And whilst I'm aware tobacco companies have been sued for selling tobacco, they're not the ones actually burning it.

Which raises my question, could non-smokers, who either get directly or indirectly harmed by smoke, successfully sue smokers? Why isn't this a more common occurrence given the harm of smoke to others?

(Country is unimportant, but I'd be interested to see if it's possible in western and European countries.)

tort negligence

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asked 7 mins ago

SSight3SSight3

30036

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0

I regularly see civil cases where, when one person is harmed, either directly or indirectly by another (for example, builders putting asbestos in a house, lead in pipes, etc), they are able to bring a tort civil case against the person causing the harm, to sue for damages:

https://mesowatch.com/asbestos-exposure-lawsuits/

This is because, chemically, asbestos causes cancer, and lead, poisoning.

There can even be lawsuits against offensive odours:

https://www.legalreader.com/porta-potty-odor-leads-class-action-lawsuit/

Putting the two types of cases together, both a chemical harm (EG causing cancer) and an odour, it strikes me smoking meets both criterion. Second hand smoke has clearly been documented as harmful, and certainly does smell:

https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm

Which does mean the harm is foreseeable by a smoker who continues to smoke.

And whilst I'm aware tobacco companies have been sued for selling tobacco, they're not the ones actually burning it.

Which raises my question, could non-smokers, who either get directly or indirectly harmed by smoke, successfully sue smokers? Why isn't this a more common occurrence given the harm of smoke to others?

(Country is unimportant, but I'd be interested to see if it's possible in western and European countries.)

tort negligence

share

asked 7 mins ago

SSight3SSight3

30036

add a comment | 

I regularly see civil cases where, when one person is harmed, either directly or indirectly by another (for example, builders putting asbestos in a house, lead in pipes, etc), they are able to bring a tort civil case against the person causing the harm, to sue for damages:

https://mesowatch.com/asbestos-exposure-lawsuits/

This is because, chemically, asbestos causes cancer, and lead, poisoning.

There can even be lawsuits against offensive odours:

https://www.legalreader.com/porta-potty-odor-leads-class-action-lawsuit/

Putting the two types of cases together, both a chemical harm (EG causing cancer) and an odour, it strikes me smoking meets both criterion. Second hand smoke has clearly been documented as harmful, and certainly does smell:

https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm

Which does mean the harm is foreseeable by a smoker who continues to smoke.

And whilst I'm aware tobacco companies have been sued for selling tobacco, they're not the ones actually burning it.

Which raises my question, could non-smokers, who either get directly or indirectly harmed by smoke, successfully sue smokers? Why isn't this a more common occurrence given the harm of smoke to others?

(Country is unimportant, but I'd be interested to see if it's possible in western and European countries.)

tort negligence

share

asked 7 mins ago

SSight3SSight3

30036

share

asked 7 mins ago

SSight3SSight3

30036

share

asked 7 mins ago

SSight3SSight3

30036

asked 7 mins ago

SSight3SSight3

30036

asked 7 mins ago

SSight3SSight3

30036