This is an appeal from a decision of the Jerusalem District Court that denied the applicant leave to appeal a Small Claims Court decision. The Supreme Court held that the Restriction of Smoking in Public Places Law does not provide for compensation without proving damage. Noting that it is difficult to prove damage from an incident of smoking and that the statutory breach here impacted a family including children and a pregnant mother, the Court held that there are grounds "for giving a stronger emphasis to the damage, for the purposes of deterrence" and awarded the applicant additional compensation.
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.
This is an appeal from a decision of the Jerusalem District Court that denied the applicant leave to appeal a Small Claims Court decision. The Supreme Court held that the Restriction of Smoking in Public Places Law does not provide for compensation without proving damage. Noting that it is difficult to prove damage from an incident of smoking and that the statutory breach here impacted a family including children and a pregnant mother, the Court held that there are grounds "for giving a stronger emphasis to the damage, for the purposes of deterrence" and awarded the applicant additional compensation.