August 25, 2011
Second-Hand Smoke Case Continues Against Housing Cooperative, Sans Punitives Claim
A resident of Greenbelt Homes in Maryland filed suit against the housing cooperative for failing to prevent his exposure to his neighbors' second-hand smoke. The trial started on Monday and, while the negligence claim is continuing, the judge did dismiss the claim for punitive damages.
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I would be interested to know the facts in the case and how the plaintiff is claiming to be exposed to the second-hand smoke. It seems to me that this case could potentially open the floodgates to an avalanche of landlord/tenant litigation. Another possible consequence of the decision could be that housing associations will prohibit people from smoking in their homes and landlords will prohibit smoking in apartment buildings.
I'll be interested to read a followup on the case. I have a hunch that the judge will side with the HOA if, for no other reason, than conservation of judicial resources.
Posted by: Dana Atman, Esq. | Aug 25, 2011 10:58:02 AM