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Jump to full article: Smokescreen Action Network, 2000-10-24
Intro: The plaintiff, Andrea Bowles, an asthmatic, attended the Tien Tien restaurant in August 1998. Another member of her party had earlier made a telephone reservation, stipulating that their table was to be in the non-smoking section of the restaurant.
Ms Bowles and her party were seated at a table on the border between the smoking and non-smoking areas of the restaurant, as designated that evening. Between 10 and 12 people were smoking within about 2 metres of where Ms Bowles was sitting. . .
The Magistrate held that the evidence “establishes a clear causal connection between the restaurant conditions and the illness of the plaintiff over the following six to eight weeks”. He found the restaurant liable on three separate grounds – breach of contract; breach of duty of care in negligence; and occupiers liability. He reduced the award of damages by 30% for contributory negligence by Ms Bowles.
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