Through her father, a child with asthma sued her apartment complex for exposure to secondhand smoke in outdoor common areas such as near the pool. A trial court found that the child did not prove her public nuisance claim because she failed to show that the outdoor secondhand smoke exposure was substantial or unreasonably harmful. The court of appeal agreed that the child’s public nuisance claim failed.
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.
Through her father, a child with asthma sued her apartment complex for exposure to secondhand smoke in outdoor common areas such as near the pool. A trial court found that the child did not prove her public nuisance claim because she failed to show that the outdoor secondhand smoke exposure was substantial or unreasonably harmful. The court of appeal agreed that the child’s public nuisance claim failed.