QUESTION
Can I sue building where I work for letting people smoke in lobby?
Asked on Feb 16th, 2017 on Civil Rights - New York
More details to this question:
I work in a commercial building that has a lot of medical offices in it. There are a bunch of patients waiting in the lobby in the morning for one doctor's office to open. Since they don't want to miss their turn in line, they light up and smoke in the lobby. This is in Bronx, NY. I have really bad asthma and have complained to the city's 311 line numerous times. Once I sprayed a smelly spray in back of a lady's cigarette and she found out and blew cig smoke right in my face. We ended up arguing. Not only does my workplace building make me sick with my asthma, I am now fearing for my safety because a lot of these people who come to see doctors are on drugs. I am thinking of taking the management company to court. Will I have a case?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Probably yes. NY Public Health Law section 1399 prohibits smoking in workplaces, defined as any indoor area in the control of an employer, and commercial establishments used for any profession and trade. The doctor's office lobby falls into the prohibition on smoking. Put your complaint to the managment company in writing- there should be an on-site managment company employee available to enforce the no smoking law.
Answered on Feb 20th, 2017 at 10:37 PM