After complaining multiple times to his neighbor and landlord, a tenant sued his neighbor for secondhand smoke drifting into his apartment. The court noted that although the state law regulating smoking exempts private residences, the tenant could recover under the theory that his neighbor’s smoking created a nuisance. The court found in favor of the tenant, ruling that the neighbor’s smoking created a private nuisance. The court awarded the tenant $335.13 in damages to cover the cost of an air filter but denied the tenant’s requests for medical expenses and reimbursement for increased power consumption because of insufficient evidence.
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.
After complaining multiple times to his neighbor and landlord, a tenant sued his neighbor for secondhand smoke drifting into his apartment. The court noted that although the state law regulating smoking exempts private residences, the tenant could recover under the theory that his neighbor’s smoking created a nuisance. The court found in favor of the tenant, ruling that the neighbor’s smoking created a private nuisance. The court awarded the tenant $335.13 in damages to cover the cost of an air filter but denied the tenant’s requests for medical expenses and reimbursement for increased power consumption because of insufficient evidence.