The New Taipei City District Court on Monday ruled that a man and his son should pay NT$24,900 to a woman for the discomfort they had caused her by allowing the smell of their cigarette smoke to waft up to her apartment.
The woman, surnamed Chen (陳), filed a lawsuit against the man, surnamed Hung (洪), and his son, saying that since they moved into the apartment downstairs in December 2013, their frequent smoking in the bathroom, on the balcony and in the elevator caused cigarette smoke to enter her home through air vents, subjecting her to their second-hand smoke.
Chen said she that tried to resolve the issue through the housing management committee, but has not experienced any improvement in the situation.
Chen said that the smoke has caused her to cough, sneeze and experience breathing difficulties on numerous occasions, as well as affecting her nervous system and heart circulation.
To filter out the smoke, Chen purchased two air filters, she said.
She filed the suit to demand that the Hung family cease from allowing smoke to drift into her home and pay NT$50,000 in compensation for her mental distress.
The Hungs said that there are more than 10 smokers in the community and the smell of smoke in Chen’s home could not be solely attributed to them.
The judge said that photographs of Chen’s air cleaners, which displayed yellow or red lights, indicated the fumes had seriously affected her life and had exceeded the bounds of what a reasonable person could be expected to tolerate.
“When the quality of a long-term living environment and a person’s right to health [is in conflict with the] freedom to smoke in one’s residence,” the former should take precedence over the latter, the judge said.
The judge has therefore ruled that the Hungs should compensate Chen NT$14,900 for her purchase of two air cleaners, and NT$10,000 in compensation for mental distress.
The ruling can be appealed.
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