Peled, who frequented a gym located inside the Dizengoff shopping mall, sued the management of the mall for lack of efficient enforcement of a law prohibiting smoking in public spaces. In a small claims procedure the court found the mall liable for Peled's damages because the mall did not place signs prohibiting smoking in accordance with the law, mall staff did not enforce the law, and the mall provided ashtrays for visitor’s use and therefore encouraged cigarette smoking.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
Peled, who frequented a gym located inside the Dizengoff shopping mall, sued the management of the mall for lack of efficient enforcement of a law prohibiting smoking in public spaces. In a small claims procedure the court found the mall liable for Peled's damages because the mall did not place signs prohibiting smoking in accordance with the law, mall staff did not enforce the law, and the mall provided ashtrays for visitor’s use and therefore encouraged cigarette smoking.