Should you be able to sue your neighbor for smoking in the building?
According to the Globe Back Bay condo owner Alyssa Burrage did just that. And won. Burrage, an asthmatic, complained that her downstairs neighbors—and fellow condo owners—didn't do enough to keep the secondhand smoke from the cigarettes they smoked inside from harming her. The parties settled out of court for an unspecified amount, and Burrage has since moved out of her condo. Smoking at home is legal under Massachusetts law. The neighbor, Michael Schofield, said he settled the suit because it would be cheaper than bringing the case to trial.
But Burrage isn't done suing yet. She also sued her real estate broker, claiming that he misrepresented the smoking situation in the condo building. This particular he-said-she-said suit will go to jury trial today, and tobacco law attorneys are waiting with bated, presumably nicotine-free breath, for the verdict. If Burrage collects, it could mean big liability concerns for condo groups and real estate brokers—and possibly the end to smoking in one's own home.
What do you think readers? Answer our poll after the jump.
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