Secondhand smoke can constitute a public and private nuisance
Judge Gives Go Ahead on Second Hand Smoke Case The Recorder(1/14, McKee) reports, "An asthmatic 7-year-old girl's public-nuisance suit against her family's apartment complex over secondhand smoke in outdoor common areas has been given the go-ahead" as a Los Angeles judge ruled that she "not only had standing to file suit as a tenant, but also raised serious allegations warranting further hearings." Also, "The girl's father, Woodland Hills civil litigator Johnny Birke, said Tuesday he believes the ruling sets a national precedent." He said that this "is the first time...that a court anywhere in the country -- and I can say that with some certainty because we did the research -- has ruled that outdoor secondhand smoke can constitute a public and private nuisance."
