Personal injury advice from
Thompsons Solicitors
Flood of smoke lawsuits to come
31st October 2005
Smoking Ban
Thompsons Solicitors who deal with all of The Legal Line’s personal injury compensation claims have described the proposed partial smoking ban as “shambolic”.
It is feared by experts that introducing only a partial smoking ban in England will leave thousands of bar workers exposed to the risk of contracting smoking-related illnesses.
The Health Bill, which was presented to parliament towards the end of 2005, indicated a smoking ban in all workplaces, to prevent passive smoking except certain clubs, bars and pubs where employees will still be at risk.
Personal Injury Compensation Claims
Solicitors have predicted that once the ban is introduced, it will be easier for people who have contracted smoking-related illnesses in the workplace to make personal injury compensation claims against their employer. Anyone making a claim for passive smoking; however, would still need to prove that their illness had been contracted at work rather than at home or in social situations.
Several people have already made compensation claims after they have become ill as a result of second-hand smoke; however, their cases have never proceeded as far as Court.
One of the most famous claims was brought by The Legal Line Solicitors, Thompsons for a casino worker called Michael Dunn who developed asthma as a result of his working conditions. He recovered £50,000 from his employers; however, they still denied liability for his injury.
Expert Opinion on Passive Smoking
Ian Willmore from the anti-smoking group, Action on Smoking and Health said “The ban is being introduced because passive smoking causes harm. Employers can no longer say they were not aware of the risks. There will be a lot of cases”.
John Hall, a disease specialist at Thompsons Solicitors, which represented Michael Dunn said that he would expect to see more claims in the future. He added “It has been difficult to prove in the past, but it just takes one case to set a precedent. That could happen and in 10 or 20 years it could be like asbestos claims”.
A full transcript of the BBC News Story can be read below.
Flood of smoke lawsuits 'to come'
By Nick Triggle
BBC News health reporter
The partial smoking ban in England may open the floodgates for bar workers to sue their employers if they develop smoking-related illnesses, experts say.
The Health Bill presented to parliament last week bans smoking in workplaces because of the risk of passive smoking, but exempts certain pubs and bars.
Solicitors and campaigners warned smoking lawsuits could become as common as asbestos claims with a ban in force.
But the pub industry said it was not concerned at the moment.
A number of employees have already made claims against companies after becoming ill from second-hand smoke.
But no case has gone the full distance and set a legal precedent as most have been settled out-of-court.
One of the most famous cases was the casino worker Michael Dunn who reportedly received £50,000 after developing asthma. Under the terms of the settlement his employers did not accept liability.
Solicitors have said cases are hard to pursue as it has to be proved the illness was caused by being at work rather than exposure at home or in social situations.
But Ian Willmore, of anti-smoking group Action on Smoking and Health, said the proposed ban would give employees the impetus to go to court. "The ban is being introduced because passive smoking causes harm. Employers can no longer say they were not aware of the risks. "There will be a lot of cases."
Future
John Hall, a disease specialist at Thompsons Solicitors, which represented Mr Dunn, said he would expect to see more claims in the future."It has been hard to prove in the past, but it just takes one case to set a precedent. That could happen and in 10 or 20 years it could be like asbestos claims."
More than 3,000 people die each year from asbestos-related diseases - a figure which is on the rise. Within 30 years it is estimated pay outs could top £20bn.
Mr Hall said passive smoking claims can be pursued under the Health and Safety at Work Act, which charges employers with a duty to protect their staff from avoidable risks.
Others believe human rights legislation may also be used.
The smoking ban which has been proposed prohibits smoking in all workplaces, except in private members clubs and non-food pubs.
It caused controversy when it was published last week, with the health lobby and many backbench Labour MPs saying the government should have gone further.
The Department of Health said it did not believe it would prompt more claims because measures would be taken to protect workers in smoking pubs.
And Mark Hastings, of the British Beer and Pub Association, said the industry was not concerned that there would be lawsuits."Pubs will conform to the law so why should they be at risk?" However, he accepted that if a precedent was set the situation would change.
Since reporting this story, a total ban on public smoking has been made law in England.
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