The Kaohsiung branch of the High Court on April 8 banned a man from smoking under the arcade outside the residence of an older man with stroke-related health issues, upholding the Kaohsiung District Court’s original ruling.
The branch court’s verdict said the plaintiff, a Kaohsiung man surnamed Chuang (莊), brought a complaint against his neighbor, a man surnamed Chiu (邱), after the latter repeatedly ignored requests for him to refrain from smoking.
Chiu frequently smokes under the arcade outside his residence, said 86-year-old Chuang, who lives on the ground floor and has limited mobility following a stroke, adding that he is often exposed to secondhand smoke.
Photo: Taipei Times
Chuang fears it could lead to respiratory and cardiovascular diseases or cancer, saying it has affected his quality of life and health, the ruling said.
Chuang said his family had repeatedly tried to talk to Chiu, and also sought help from the police and the neighborhood warden to mediate, but the situation did not improve, the court said, adding Chuang eventually decided to take legal action, asking the court to intervene.
The Kaohsiung District Court ruled against Chiu, saying his secondhand smoke had negatively affected the quality of life and health of the plaintiff.
Chiu appealed the verdict, saying he only smokes under the arcade because he has children at home, and added that the police had only come once.
He said the arcade is not a prohibited area for smoking, adding there is a row of motorcycle parking spaces in front of the building, where riders often smoke, and that Chuang’s friends also smoke when visiting.
The Kaohsiung branch of the High Court maintained the lower court’s original ruling, saying that the WHO has classified secondhand smoke as a “top carcinogen.”
Chuang, who is undergoing stroke rehabilitation, could be negatively affected by exposure to the secondhand smoke, it said.
Chiu is aware of the dangers of secondhand smoke, as he acknowledged in court that he only smokes under the arcade because of children at home, it added.
The court said that Chiu would not be unduly inconvenienced if he restricted his cigarette smoking to the building’s rooftop.
When asked for comment, legal experts said that lawsuits over odors affecting neighbors’ peace are most commonly caused by restaurant exhaust systems, adding that cases brought to court over secondhand smoke invading a neighbor’s home are very rare.
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