TOBACCO CONTROL LAWS

Patrick A. v. Département du Nord

Patrick A., who suffers from lung cancer, appealed a lower court decision finding his illness was not work-related, and the Council of State affirmed.  The Council of State, however, held that, even if the cancer could not be linked to his workplace, Patrick A. may be due damages because his employer failed to enforce the smoking ban and to protect its employees.  Patrick A. thus was exposed to passive smoking in the workplace.  The Council of State remanded the matter in order for this question to be analyzed and awarded Patrick A. 3,000 Euros in costs. 

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Patrick A. v. Département du Nord, Case No. 330959, Council of State (2011).

  • France
  • Dec 30, 2011
  • Council of State (Highest administrative court)

Parties

Plaintiff Patrick A.

Defendant Département du Nord (local jurisdiction)

Legislation Cited

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
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.
Personal Injury
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.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Employment and Disability Law Violation
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.

Type of Tobacco Product

None

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