Back to Annual Meeting Page		American Public Health Association 133rd Annual Meeting & Exposition December 10-14, 2005 Philadelphia, PA

Abstract #106480

Edward L. Sweda, Tobacco Control Resource Center, 102 The Fenway, Boston, MA 02115, 617-373-8462, ed@tplp.org

Problem: For almost thirty years, lawsuits have been filed in several countries on behalf of individuals who have been harmed by exposure to secondhand tobacco smoke. Plaintiffs in these cases have included: workers in smoke-filled offices; prisoners; nonsmoking parents seeking to protect their children from exposure to secondhand tobacco smoke; restaurant and bar workers; and apartment dwellers seeking to prevent the seepage of a neighbor's smoke into their residential units. Method: Having reviewed hundreds of legal cases where exposure to secondhand tobacco smoke was the basis of the lawsuit, the author has categorized and analyzed the history of these lawsuits, with a particular emphasis on cases decided in 2005. Results: While lawsuits based on secondhand tobacco smoke have been filed in a variety of different settings, in an increasing number of instances individuals have achieved relief from exposure to secondhand tobacco smoke and/or monetary compensation for having been so exposed. Such lawsuits will continue to be a viable means to provide a remedy for those who have been harmed by exposure to secondhand tobacco smoke. The enhanced likelihood of the success of such lawsuits may also provide an opportunity for individuals to obtain relief from that exposure without having to sue. Proposed Action: To provide assistance to individuals who seek protection from continuing exposure to secondhand tobacco smoke.

Learning Objectives:

• At the conclusion of this session, the participant will be able to provide assistance to individuals who seek protection from continuing exposure to secondhand tobacco smoke.

Keywords: Law, Tobacco Litigation

Related Web page: www.tobacco.neu.edu

Presenting author's disclosure statement:

I wish to disclose that I have NO financial interests or other relationship with the manufactures of commercial products, suppliers of commercial services or commercial supporters.