Smoking in Public Places: Compensation Claim Procedures

Smoking in public spaces constitutes a nuisance and a health hazard. Both for smokers and those around them. This nuisance is significantly exacerbated in enclosed spaces. Especially when minors are present.

Israeli law defines a closed list of public places where smoking is prohibited or restricted, imposing sanctions on both venue owners and smokers.

Currently, the law lacks an explicit compensation mechanism for individuals harmed by public smoking. This may be due to the difficulty in establishing direct causality in cases of physical harm, and in assessing emotional distress.

Nevertheless, courts have repeatedly ruled that compensation can be awarded to individuals harmed by public smoking, provided certain conditions are met.

This article briefly outlines the legal basis for prohibiting smoking in public places. And lists public places where smoking is prohibited or restricted. And explains how a small claims lawsuit can be filed for compensation.

The Law on Smoking in Public Places

In 1983, the Law for Smoking Prevention in Public Places, 1983, was enacted. Section 1A of the law aims to:

“Prevent smoking in public places and exposure of the public to smoking, which causes death, illness, and disability.”

Since its enactment, the law has undergone several amendments. A numerous proposed amendments have been introduced. Some of which were abandoned due to political instability.

And the impetus for legislation on smoking stemmed from increased awareness of its harms, both active and passive.

According to the 2022 Ministry of Health report, approximately 20% of the adult population in Israel smokes, resulting in roughly 8,000 smoking-related deaths annually. Of these, approximately 10% (800 cases per year) are attributed to passive smoking.

Parenthetically, a pertinent question arises: Why don’t countries ban smoking entirely? The answer is simple: smoking is highly profitable.

According to the Ministry of Health report, Israel’s revenue from tobacco taxes in 2022 amounted to approximately NIS 7.5 billion. Conversely, the total cost to the state due to smoking-related harm stands at NIS 3.6 billion; NIS 1.7 billion in direct healthcare costs and NIS 1.9 billion in indirect costs (productivity losses). Smoking, therefore, is decidedly lucrative for the state treasury.

The Smoking Law and its amendments strike a balance between individual liberty and public health. And the balance is reflected in the defined list of public places where smoking is entirely prohibited or restricted.

Penalties for Smoking in Public Places

Violations of the law carry fines. Ranging from NIS 14,400 to NIS 75,300 (as of January 2024). Furthermore, violations can lead to criminal proceedings in the Magistrate’s Court.

A notable deficiency in the Smoking Law is the absence of an explicit provision for compensation to individuals harmed by public smoking. However, various courts, including the Small Claims Court, have addressed this legislative gap by awarding compensation to claimants who have suffered harm – even emotional distress – from public smoking.

List of Public Places Where Smoking is Prohibited

The Smoking Law specifies a closed list of places where smoking is prohibited or restricted. It also mandates that the holder of a public place prominently display no-smoking signs.

Finally, placing ashtrays in these public places is prohibited. And many businesses attempt to circumvent this by providing other receptacles that are not strictly “ashtrays”. For example: plastic cups.

However, the law’s definition is broader, encompassing any container intended for discarding tobacco waste. The following public places have smoking prohibitions:

Compensation for Smoking in Public Places

The Smoking Law imposes financial penalties on owners and holders of public places. But it does not provide an explicit compensation mechanism. However, Small Claims Courts have repeatedly awarded compensation to those affected.

For instance, a landmark ruling for small claims related to public smoking was issued in 2006.

The plaintiff, Ms. Shemesh, was dining with her family at a restaurant (while pregnant). She claimed inadequate signage and separation. The smoking significantly disrupted her family’s meal. Despite requests to the restaurant, the smoking continued.

The Small Claims Court accepted the claim but awarded a sum she considered low. She appealed to the Supreme Court, which upheld the appeal and awarded significantly higher compensation.

The Supreme Court acknowledged the lack of a specific legal provision for compensation. Emphasizing the need to fill this legislative gap in appropriate cases. The court stated:

It seems to me that a codified obligation has been violated, and given that a family with children and a pregnant woman were involved, there is reason to give stronger expression – even if still symbolically – to the harm, for the sake of deterring others.

Even if not for health damage from smoking, compensation can be awarded. Based on case law review, the following conditions must be met to receive compensation:

1. The claimant approached the person in charge of the public place and requested that the violation be rectified and the nuisance removed (but the nuisance was not removed);
2. The claimant supported their claims with real-time evidence (documentation of the place and smokers; data on its size; photographs showing the absence of signage; documentation of contact with the person in charge; and documentation of the financial or emotional impact of the smoking).

Filing a Small Claims Lawsuit for Compensation Due to Public Smoking

Filing a small claims lawsuit is remarkably simple. By law, this process proceeds without lawyers. The presiding judge may adopt a highly lenient approach.

The law allows Small Claims Court judges to deviate from procedural rules or rules of evidence. But only if deemed appropriate for a fair hearing. In practice, Small Claims Courts are indeed lenient and tend to resolve the matter substantively.

Dino’s system allows you to create a small claims lawsuit online, independently, in an average of 14 minutes, from any device. The small claims lawsuit is tailored to the instructions of the court administration. The system helps overcome technical and procedural barriers in drafting the lawsuit.