Meiselman Denlea is investigating cases involving persons injured by second-hand smoke.
There are many situations where people are unwillingly exposed to second-hand smoke. People who work in areas where smoking is permitted, such as casinos, bars or restaurants, are often subjected to other people’s second-hand smoke, which is referred to as “environmental tobacco smoke”. Remember when it was legal to smoke on airplanes? Stewardesses were unwillingly bombarded by second-hand smoke in the confined spaces, and as a result many of them developed illnesses such as cancer and respiratory ailments. People who work in close quarters with smokers are often subjected to second-hand smoke, and may be unwilling to complain for fear of losing their jobs. In one notable case, a railroad worker who never smoked was housed in a bunk trailer provided by the railroad, and regularly complained to his employer about his constant involuntary exposure to second-hand tobacco smoke from coworkers in the bunk trailers where he lived during the workweek. He developed lung cancer and brought suit against the railroad, alleging that his work related second-hand smoke exposure doubled his odds of developing lung cancer.
Second-hand smoke cases are not limited to employment areas. People who live in apartment buildings often complain about second-hand smoke from their neighbors, which some courts have held to be a "private nuisance". A private nuisance is the interference with the rights of certain people as opposed to the general public. Courts have sustained private nuisance claims against smoking neighbors, and some people have even chosen to sue their landlords for failing to provide a safe and habitable place to live. Realtors have even been sued by purchasers who alleged that the realtor failed to disclose the danger of a neighbor’s second-hand smoke.
Second-hand smoke cases obviously require scientific proof to show the causal link between exposure and illness. Although this can be a difficult task, it is not insurmountable, particularly because of the now established link between second-hand smoke and illnesses such as lung cancer, emphysema, and other respiratory ailments.
If you or someone you know has been injured by second-hand smoke, please contact us to discuss your legal rights.