A restaurant guest sued the restaurant for not enforcing the prohibition of smoking in public places under the smoke free law. In a small claims procedure, the Court found the restaurant liable, because the restaurant did not post signs prohibiting smoking, as required by law, did not order customers to refrain from smoking, and encouraged smoking by providing guests with ashtrays.
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.
A restaurant guest sued the restaurant for not enforcing the prohibition of smoking in public places under the smoke free law. In a small claims procedure, the Court found the restaurant liable, because the restaurant did not post signs prohibiting smoking, as required by law, did not order customers to refrain from smoking, and encouraged smoking by providing guests with ashtrays.