Smoking Illness and Death

As a result of unlawful and wrongful actions of the Defendant and/or staff in his employ the Plaintiff was exposed to second-hand tobacco smoke from approximately 100 smokers incarcerated in the same prison cell for a period of 5 days.

the Defendant and/or his staff acting at all material times within the course and scope of their employment with the defendant wrongfully and unlawfully failed to ensure that the prison cell in which the Plaintiff was held in custody complied with the Regulations relating to Smoking of Tobacco Products in Public Places published under General Notice R975 in Government Gazette 21610 of 29 September 2000 pursuant to section 2(1)(b) of the Act. In particular, the Defendant and/or his staff acting at all material times within the course and scope of their employment with the defendant failed to ensure that:

a portion of the prison cell in which the Plaintiff was held in custody was designated as a smoking area;

the designated smoking area did not exceed 25% of the total floor area of the public place;

the designated smoking area was separated from the rest of the public place by a solid partition and an entrance door on which the sign "SMOKING AREA" is displayed, written in black letters, at least 2cm in height and 1,5 cm in breadth, on a white background;

the ventilation of the designated smoking area was such that air from the smoking area was directly exhausted to the outside and was not re-circulated to any other area within the public place;

notices and signs indicating areas where smoking was permitted and where it was not permitted were permanently displayed and signs indicating that smoking was not permitted carried the warning:

"ANY PERSON WHO FAILS TO COMPLY WITH THIS NOTICE SHALL BE PROSECUTED AND MAY BE LIABLE TO A FINE";