The 13th World Conference on Tobacco OR Health

Objective: To learn to what extent litigation has helped those who have been harmed by exposure to secondhand tobacco smoke and to what extent it may do so in the future.

Methods: The author has reviewed hundreds of legal cases where exposure to secondhand tobacco smoke was the basis of the lawsuit. He has categorized and analyzed the history of these lawsuits.

Results: While lawsuits based on secondhand tobacco smoke have been filed in a variety of different settings, there has been an increasing number of instances in which individuals have achieved relief from exposure to secondhand tobacco smoke and/or monetary compensation for having been so exposed. This finding is not limited to the United States, where the majority of secondhand smoke lawsuits have been filed. Such lawsuits will continue to be a viable means to provide a remedy for those who have been harmed by exposure to secondhand tobacco smoke. The enhanced likelihood of the success of such lawsuits may also provide an opportunity for individuals to obtain relief from that exposure without having to sue.