Smoker Lawsuits

We just had a small exchange on Linked in  about a New York lawsuit brought by a unit owner in a condominium  relating to cigarette smoke getting into her apartment.

One property manager stated that if the unit owner does not like the odor, she should close her windows.   He also opined, essentially, that second hand smoke is safe.  Fortunately, the others who commented agree that this is a serious issue and a health concern.


I would like to see some anti smoking groups, with good experts, assist us lawyers with a few test cases here in New Jersey.  I believe we need some definitive case law establishing the rights of unit owners to not be smoked out of their home and not be killed by second hand smoke.  If you know groups that want to support these lawsuits by supplying quality experts, I  am certain that some lawyers will handle these cases on a contingency basis so that we can get some good case law.

That might even require taking cases up on appeal.  Whatever it takes, it is time to place living spaces on par with Casinos and bars, all of which don't allow smoking.  The in-balance makes no sense. 

In my opinion this is not complicated.  Often this smoke enters units through the walls --so it is not even always a window issue.  Ventilation systems can move smoke around as well.

And even if its a window issue, why should some one have to keep their windows closed because someone else has a really bad habit?  As I alluded to on Linked in, I would not like my home to smell like a 1960s bowling alley.  And no one should have to live that way in 2010.

We have cleaned up our restaurants and even our casinos.  Its time to protect our homes as well.  This is a call to anti smoking groups who want to help.  We need your help.