ok i know in tort law (negligence) there are 4 stuff you have to prove to win, they are Duty of care, Breach of duty, Causation and that there where damages/injuries or loss. So if i was walking along the streets, i have to walk along these streets to get to school and its a high school a lot of people smoke, the students have a duty of care towards me! they breached the duty by smoking, they caused the injuries/damages which is the health risk of being around smokers and the long term heath risk such as the risk of what ever you breath from second hand smoke and the loss would be my good health. Would i win? and what if they use contributory negligence for me who partially negligent for being around them?
FLbeachGrl
It is legal to smoke on the streets. No, you will not win. They have not broken any laws.
Judith D
The exhaust from the cars will do you more harm than the cig smoke will. You have no case and would, most likely, be laughed out of court. Plus you are a minor and can not sue anyone.
Good luck.
Orignal From: can i win this case (negligence)?
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