Second Hand Smoke Laws Term Papers

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A landlord's duty to a tenant arises when the risk of harm is foreseeable.

The court decisions have involved cases dealing with inured parties' exposure to unreasonable risks of harm resulting from foreseeable activities occurring within the common areas of a landlord's premises, including criminal activity (such as assaults) and physical injury from negligence (such as snow removal).

Delivering a copy of the physician's letter and a highlighted copy of the relevant language in the lease or condominium agreement to the management or landlord is advisable.

It is important to emphasize with the condominium management or landlord that they have the authority to prohibit or restrict activities, including smoking, that take place in one dwelling and cause annoyance or health problems in another.

Such actions have been brought across the United States, sometimes leading to out-of-court settlements, other times to verdicts in favor of one of the parties.

This fact sheet describes the legal options available to the resident of an apartment or condominium that is exposed to secondhand smoke against their will.

Such prohibited activities typically involve producing offensive odors (such as by cooking) and creating loud noises (such as by playing loud music or having parties late at night).

It is logical to assume that the prohibition against interference with a neighbor's enjoyment of the premises includes smoking, particularly when the smoke seeps from the residence of one tenant or owner into that of another, causing discomfort or illness.

One of the first actions that the resident affected by a neighbor's smoke should take is to document the problem by recording the nature of the problem and any health effects suffered as a result.

The latter might include exacerbation of one's asthma, hay fever, heart disease, emphysema or other conditions worsened by exposure to secondhand smoke, including lesser problems such as sore throat or headache.

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  • Secondhand Smoke Facts CDC
    Reply

    Secondhand smoke harms children and adults, and the only way to fully protect nonsmokers is to eliminate smoking in all homes, worksites, and public places. 1,2,3 You can take steps to protect yourself and your family from secondhand smoke, such as making your home and vehicles smokefree. 2,3.…

  • Secondhand Smoke Facts, Effects, Causes & Dangers
    Reply

    Secondhand smoke is a mixture of the smoke from the tobacco product itself termed sidestream smoke and exhaled smoke from the smoker known as mainstream smoke. When a nonsmoker inhales secondhand smoke, he or she is exposed to the same toxins and chemicals, including nicotine, as the smoker.…

  • Secondhand Smoke Smoking & Tobacco Use CDC
    Reply

    Secondhand smoke exposure contributes to approximately 41,000 deaths among nonsmoking adults and 400 deaths in infants each year. Secondhand smoke causes stroke, lung cancer, and coronary heart disease in adults. Children who are exposed to secondhand smoke are at increased risk for sudden infant.…

  • Smoke-Free Environments Law Project -
    Reply

    A Housing Court judge ruled that the amount of smoke from the bar below had made the apartment "unfit for smokers and nonsmokers alike." The judge found that "the evidence does demonstrate to the Court the tenants' right to quiet enjoyment was interfered with because of the second-hand smoke that was emanating from the nightclub below."…

  • Passive smoking - Wikipedia
    Reply

    Passive smoking is the inhalation of smoke, called second-hand smoke SHS, or environmental tobacco smoke ETS, by persons other than the intended "active" occurs when tobacco smoke enters an environment, causing its inhalation by people within that environment.…

  • Secondhand smoke isn’t as bad as we thought. -
    Reply

    The medical reasoning behind why secondhand smoke would cause heart attacks posited that short-term exposure reduces blood flow, increases platelet aggregation, and causes endothelial dysfunction.…

  • Third-hand smoke - Wikipedia
    Reply

    Etymology. The term third-hand smoke or "THS" is a neologism coined by a research team from the Dana–Farber/Harvard Cancer Center. The 'third-hand' component of the term is a reference to the remnants on surfaces after "second-hand smoke" has cleared out.…

  • Children's Secondhand Smoke Exposure in Private Homes and Cars An.
    Reply

    Secondhand smoke SHS is defined as a mixture of sidestream smoke from the end of a burning cigarette and exhaled mainstream smoke. The US surgeon general concluded in 1986 that SHS exposure causes disease among nonsmokers. 1 Since then, additional evidence has shown that SHS causes lung cancer, respiratory tract injury, heart disease, and sudden infant death syndrome. 2 More than 50.…

  • Samples of Research Papers on Smoking -
    Reply

    This is as a result of smoke coming into contact with the non smoker’s eyes resulting to itching of the eyes. Medical research has also shown that second hand smoke, just like the first smoke inhaled by the smoker, can lead to heart diseases Shetty, 2009.…

  • Health Risks of Secondhand Smoke - American Cancer Society
    Reply

    Why is secondhand smoke a problem? Secondhand smoke SHS has the same harmful chemicals that smokers inhale. There’s no safe level of exposure for secondhand smoke SHS. Secondhand smoke causes cancer. Secondhand smoke is known to cause cancer. It has more than 7,000 chemicals, including at least 70 that can cause cancer.…

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