Second-hand smoke litigation

Litigation over the harms caused by exposure to second-hand smoke has been successful in Australia. It has been brought against employers and occupiers of public venues, relying on a number of causes of action, such as negligence, occupiers' liability and anti-discrimination law.

The success of such cases has played an important part in the move towards smokefree workplaces and public places, as governments, employers and occupiers of public venues have come to better understand the harms of second-hand smoke, and the unacceptability of exposing employees and members of the public to such harms.