Civil Legal Liability for Passive Smoking

Abstract

Purpose :This study came to address the legal responsibility of the smoker who spreads his poison in the air without regard for others, especially in closed places, or where children are present, believing that smoking is a personal right that others may not object to these practices, while a person's freedom depends on the rights of others.

Design/Methodology/Approach : The researcher used the analytical method to analyse a material fact that represents a personal right on the one hand. On the other hand, it represents a legal situation that causes harm to others.This is through the attribution of legal rules of civil liability for smoking damage to others.

Findings : In this study, we found that there is no special law that allows those harmed by secondhand smoke to claim compensation from the smoker .However, according to the general rules of legal liability, the injured can claim from the smoker for the damage caused by secondhand smoke.

The injured person can also claim compensation from the employer for the damage caused by smoking because the employer did not provide a safe environment for the employee.

Practical implications : The legislative aspect consists of directing government agencies to develop special laws that protect the rights of others from the harmful effects of smoking, especially vulnerable groups in society such as children and the elderly.And a judicial aspect, so that the judiciary takes the legal responsibility of the smoker.

Originality / Value : Creating a legal position on the effects of passive smoking . And the creation of a legal culture in defining the limits of personal rights and not arbitrarily using personal rights to harm others.

Keywords: Smoker, Passive Smoking, Damages, Legal Liability.

DOI: 10.7176/JLPG/148-01

Publication date: June 28^th 2025