According to the California Apartment Association a lawsuit was recently filed by a 7-year-old girl in regard to the second hand smoke that she encountered in the common areas of her apartment complex.

Through much back-and-forth in the legal system, the issue comes down to this young girl being able to prove that she was experiencing a nuisance greater than that of the general public. Her claim is that the exposure has caused her asthmatic problems including several bouts with pneumonia.

Since the apartment complex has admitted to allowing smoking in the common areas to include the playground and made a business decision to create and atmosphere to attract an international clientele, more review is being made as to how this suit will proceed.

A decision needs to be made whether or not the complex has complied with what the courts call a plain duty to maintain it’s premises in a safe condition.

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