Wednesday, January 14, 2009
California Court Revives Secondhand Smoke Case
Law.com reports that the California Court of Appeals has reversed the dismissal of an asthmatic 7-year-old girl's public nuisance suit against her family's apartment complex over secondhand smoke in outdoor common areas. The court ruled that the girl not only had standing to file suit as a tenant, but also that she has pleaded a cause of action sufficient to withstand a motion to dismiss. This may be the first time that a court has suggested that outdoor secondhand smoke can constitute a public and private nuisance. Law.com's article is available here.