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148 J.L. Pol'y & Globalization 1 (2025)

handle is hein.journals/jawpglob148 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwiistemorg ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.148, 2025 ISTE Civil Legal Liability for Passive Smoking Dr. Atef salem Al Awamleh Faculty of Law, Al-Balqa' Applied University, Jordan Dr.atefalawamleh@bau.edu jo https://orcid.org/0009-0001-9061-4289 Abstract: Purpose :This study came to address the legal responsibility of the smoker who spreads his poison in the air without regard for others, especially in closed places, or where children are present, believing that smoking is a personal right that others may not object to these practices, while a person's freedom depends on the rights of others. Design/Methodology/Approach : The researcher used the analytical method to analyse a material fact that represents a personal right on the one hand. On the other hand, it represents a legal situation that causes harm to others.This is through the attribution of legal rules of civil liability for smoking damage to others. Findings : In this study, we found that there is no special law that allows those harmed by secondhand smoke to claim compensation from the smoker. However, according to the general rules of legal liability, the injured can claim from the smoker for the damage caused by secondhand smoke. The injured person can also claim compensation from the employer for the damage caused by smoking because the employer did not provide a safe environment for the employee. Practical implications : The legislative aspect consists of directing government agencies to develop special laws that protect the rights of others from the harmful effects of smoking, especially vulnerable groups in society such as children and the elderly.And a judicial aspect, so that the judiciary takes the legal responsibility of the smoker. Originality / Value : Creating a legal position on the effects of passive smoking . And the creation of a legal culture in defining the limits of personal rights and not arbitrarily using personal rights to harm others. Keywords: Smoker, Passive Smoking, Damages, Legal Liability. DOI: 10.7176/JLPG/148-01 Publication date: June 28th 2025 I. INTRODUCTION The environment where smoking takes place faces substantial dangers from passive smoking which causes harm to all living entities including humans, animals and plants. The most concerning health consequence for humans exists when nonsmokers breathe in tobacco smoke because it triggers dangerous effects on the respiratory and dermal systems. A person's constitutional right to personal freedoms exists but these liberties are limited by the law. The constitutional freedom to pursue specific behaviors including tobacco smoking and narcotics use meets restrictions when actions result in damage to others. Passive exposure to smoking leads to adverse effects which affect both the smoker as well as the people near them. Smokers cause multiple health problems in nonsmokers through weakened defenses and breathing problems and brain functions losses especially with drugs. In addition, many international agreements and global organizational resolutions and national smoking regulations prioritize personal smoking freedom and do not protect non-smokers from smoking harms. The current regulations establish smoking restrictions in specific areas while designating separate zones but they do not address the legal position of people who suffer from secondhand smoke exposure. Precisely, this research demonstrates why non-smoker protection under the law needs immediate implementation. The study works to establish legal provisions enabling exposed people to obtain payment for the damage they receive from secondhand smoke exposure. The research analyzes whether organizations should face responsibility for workplace secondhand smoke exposure through their employees who smoke. Therefore, this research tackles the main problem that specific legal protections against passive smoking exposure do not exist for non-smokers. The lack of proper legal regulations about passive smoking protection appears in both 1

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