Case Number
LCA 9615/05
Date Decided
7-5-2006
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: The applicant, who was pregnant, and her children went to dine at the respondent’s restaurant. While dining, another customer of the respondent began to smoke. The applicant complained to the respondent but the customer continued smoking.
The applicant filed a claim in the Small Claims Court on the grounds that the smoking in the restaurant was illegal and caused her damage. The trial court held that the respondent had breached the law, but it only awarded the applicant compensation for the cost of the meal (NIS 112) plus expenses. The applicant applied for leave to appeal to the District Court, but the District Court held that the amount awarded fell within the broad margin of reasonableness. The applicant then applied to the Supreme Court for leave to file a further appeal.
Held: Justice Rubinstein, sitting as a single Justice, recognized the importance of enforcing the Restriction of Smoking in Public Places Law, 5744-1983, by means of civil actions, especially in view of the ineffectiveness of enforcement of the law by the authorities. A breach of the law constitutes a breach of the statutory duty in the Restriction of Smoking in Public Places Law, which was intended to protect the health of persons in public places. Jewish law has also increasingly recognized the dangers caused to the public by smoking in public places.
The Restriction of Smoking in Public Places Law does not contain a provision for awarding compensation without proving damage. But it is very difficult, because of the nature of the case, to prove specific damage from an incident of smoking. In view of the fact that the breach of the statutory duty in this case involved a family with children and a pregnant woman, there are grounds for giving stronger emphasis to the damage, for the purpose of deterrence. The Supreme Court therefore awarded the applicant an additional NIS 1,000 in compensation.
Keywords
Health -- Smoking, Jewish Law -- Health, Torts -- Breach of statutory duty
