by Andrew on Wed Apr 16, 2003 7:14 pm
A right to sue? I'd say so. A good chance of winning? That depends.
A smoker probably waives their chance of successfully suing a cigarette company when they continue to ignore the warning on the box. Tobacco companies are required by law to place warnings on all advertising and on their products, so it's not as if the harmful effects of smoking are kept a secret.
In addition to that, the world has been made aware of the dangers of smoking through medical literature - pamphlets in doctors offices, published research and the like. In Australian high schools, it's taught in PE/PD/Health classes.
If you are willing to risk your health in spite of prominent warnings and proven medical complications, then you shouldn't be able to turn around in 20 years when you develop problems, and sue the tobacco companies.
Someone who has been subjected to second hand smoke might have a case, but it would be difficult to prove. The argument could be made in regards to avoiding situations where you are exposed to second hand smoke - restaurants, night clubs, social gatherings etc - but you should not have to forfeit your social life because of one aspect.
People who are affected by second hand smoke would probably have a more convincing case against the proprietor of an establishment, say a restaurant, that did not provide adequate smoking/non-smoking sections. I think they should also have the right to sue the tobacco companies, on the grounds that they continue to supply the public with a substance that can be harmful to not only people who use it but also the people around them, but their chances of success would be slim, IMHO.