Can I Sue Someone for Exposure to Secondhand Smoke?
Secondhand smoke can cause disease and injury, particularly after prolonged exposure. The effects of secondhand smoke are widely publicized but sometimes difficult to prove. If you decide to sue someone for your exposure to secondhand smoke, you have a few options in your lawsuit.
For example, you can sue the tobacco companies for damages related to the injuries you have sustained as a result of the secondhand smoke exposure. It’s often difficult to directly correlate your injuries with the exposure to smoke, particularly if you are a nonsmoker who is filing the suit. Suing for damages often doesn’t yield the expected monetary result that the claimant is expecting, so it’s important to be mindful of your condition and the correlation between your injury and the exposure.
Another route to take is to sue a workplace for exposure to a dangerous or hostile work environment wherein you suffered exposure to secondhand smoke. In the event of that, you can file a workers compensation claim and evaluate your options with a personal injury lawyer.
Class action lawsuits have also been filed in the area of secondhand smoke exposure. A class action lawsuit involves numerous plaintiffs who all corroborate the same core issue or injury. In a class action secondhand smoke lawsuit, all the plaintiffs would be participating in the suit because of their symptoms and injuries as a result of exposure to secondhand smoke. These are often highly publicized and often settled outside of court.
If you decide to pursue legal action as a result of exposure to secondhand smoke, know that correlation between your symptoms and exposure to smoke is often difficult to prove in the court of law. It may be helpful for you to attain a note from a licensed medical professional who can state a negative effect of secondhand smoke on your overall health.
If you have been injured or are symptomatic as a result of secondhand smoke exposure, contact an attorney at Franco Law Firm to discuss your claim and assess your situation on the best future course of action. We can also advise you on programs and government services that can assist you.