Plaintiff brought suit against his employer, the Senate of France, for health problems caused by passive smoking and sought nearly 150,000 Euros in damages. The Senate claimed that plaintiff brought suit in retaliation for a reprimand he received in the course of his employment. The court noted that the smoking ban was not enforced in the Senate, awarded 1,000 Euros to plaintiff, and dismissed all other requests.
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.
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Plaintiff brought suit against his employer, the Senate of France, for health problems caused by passive smoking and sought nearly 150,000 Euros in damages. The Senate claimed that plaintiff brought suit in retaliation for a reprimand he received in the course of his employment. The court noted that the smoking ban was not enforced in the Senate, awarded 1,000 Euros to plaintiff, and dismissed all other requests.