Is it illegal to smoke around a child?

From this point of view, exposing a child to secondhand smoke can be considered a criminal act. Privacy rights. Complicating the issue is legal debate over a parent's privacy right, not only to smoke in their own home, but to raise his or her child without intervention from the state.

Can I sue someone for smoking around me?

If tobacco smoke drifts into your apartment from a neighboring unit, causing you illness or discomfort, you may wonder whether you can take legal action. Suing your neighbor or landlord is an option, but it should be your last resort.

Can I sue my parents for second hand smoke?

Depending on the facts surrounding a case, a person can be held both civilly and criminally liable for causing secondhand smoke. For instance, civil cases for secondhand smoke often focus on the injuries inflicted on the victim. In other words, they are usually claims found as part of a personal injury lawsuit.

Is it illegal to smoke cigarettes in a house with a child in New York?

The law does not prohibit smoking and vaping in apartments or other private residences, except in areas where child day care centers or health care facilities operate and are open or employees are working.

What are the smoking laws in New York?

The Smoke Free Air Act (SFAA) prohibits smoking and the use of electronic cigarettes (vaping) in most workplaces and public spaces. This applies to any substance, including cannabis, and includes areas near hospital entrances, in parks, beaches and pedestrian plazas.

Dangers of smoking around kids

Can you smoke in your home in NY?

Smoking policies for residential buildings are decided by building owners and 3.22 1 Page 2 management. While some buildings may be smoke free, the law does not require housing to be smoke free. For more information, visit nyc.gov/health and search for smoke-free housing.

Are smokers a protected class in NY?

Does New York provide employees with protection from smoking-related discrimination? An employee may not be discharged, refused employment, or discriminated against in terms of compensation or benefits because of lawful use of products offsite during nonwork hours when not using employer's equipment or property.

What happens if you smoke near a child?

Children who are exposed to secondhand smoke are at an increased risk for acute respiratory infections such as pneumonia and bronchitis, middle ear disease, more frequent and severe asthma, respiratory symptoms, and slowed lung growth.

How can landlords tell if you smoke?

One of the easiest ways to determine if your tenant is smoking is by conducting a visual inspection of the rental unit. During the inspection, you should look for physical evidence such as ashtrays, cigarette butts, and smoke stains on the walls and ceiling. Additionally, check for the smell of smoke in the unit.

Is it illegal to smoke cigarettes in a house with a child in PA?

The CIAA bans smoking in private homes, private residences or private vehicles during the time that the home, residence or vehicle is being used to: Provide adult day-care services. Provide child-care services. Provide care of children and youth in state or county custody.

How do you prove second hand smoke?

This is done by testing indoor air for chemicals found in tobacco smoke, such as nicotine. Your healthcare provider can also test your own level of exposure. This is done by testing the level of cotinine in your blood, saliva, or urine. Cotinine is a chemical that is created after nicotine enters the body.

Is it true that if you smell cigarette smoke is that second hand smoke?

While the smell of smoke doesn't necessarily correlate with the amount of secondhand smoke in a room, you and your daughter are being exposed to some level of smoke toxins.

What counts as secondhand smoke?

Secondhand smoke (SHS) is also called environmental tobacco smoke (ETS). It's a mixture of 2 forms of smoke that come from burning tobacco: Mainstream smoke: The smoke exhaled by a person who smokes. Sidestream smoke: Smoke from the lighted end of a cigarette, pipe, or cigar, or tobacco burning in a hookah.

What state has smokers rights laws?

In four states (California, Colorado, New York, and North Carolina) there is no specific law related to employee tobacco use but smokers are protected under broader state statutes that prohibit employers from discriminating against any employee who engages in a lawful activity. California also has a law that protects ...

What happens if you lie to insurance about being a smoker?

What happens if I don't disclose to an insurance company that I use tobacco? If you report inaccurate or false information about your tobacco use on an application, an insurer is allowed to retroactively impose the tobacco surcharge to the beginning of the plan year.

Can you legally discriminate against smokers?

In some, it is legal for an employer to ask you whether you are a smoker, and to hire, or not hire you based on that answer. However, 29 states and the District of Columbia do prohibit discrimination based on legal activities outside the workplace, which includes smoking tobacco.

How do I prove my neighbor is smoking?

Why do landlords ask if you smoke?

The main reasons why landlords don't allow smoking in their rentals typically fall into two categories: health concerns and property damage. For multifamily units, smoke can easily transfer through shared walls or vents.

What happens if I smoke in my apartment?

A clear no-smoking policy prohibits all forms of smoking, including smoking marijuana for medical reasons. A landlord who has included a no-smoking policy in a lease or rental agreement can terminate the tenancy of or evict a tenant who smokes.

Can you hold a baby if you smoke?

Thirdhand smoke refers to smoke and toxic chemicals left on clothes and other surfaces in the area of a smoker. When you or someone else smokes outside and then holds the baby, smoke and toxic chemicals can be transferred to the baby.

Can the smell of smoke on clothes harm a baby?

Thirdhand smoke can harm babies:

Babies have tiny lungs and breathe rapidly, so more tobacco toxins get into their bodies. If you have thirdhand smoke on your clothes, your baby can breathe in these toxins. Low levels of toxins can build up to dangerous levels in the baby's body.

How long does cigarette smoke stay on your clothes?

The time it takes for the smoke smell to completely leave your clothes depends on various factors, including the intensity of the smoke exposure and the cleaning methods used. In most cases, with proper cleaning and airing, the smoke smell should dissipate within a few days.

Do smokers have the right to smoke?

Some people argue that smokers make up a category that deserves special protection against discriminatory laws that restrict their ability to smoke at a time and place of their choosing. However, smokers are not a specially protected group under the Constitution.

Is New York a smoke free state?

The Smoke Free Air Act (SFAA) of 2002 protects the health of New York City workers against the harmful effects of second-hand smoke by making virtually all workplaces smoke-free. The New York State Clean Indoor Air Act (CIAA) of 2004 imposed State restrictions on smoking indoors.

What to do if an employee smells like smoke?

To complicate matters, a tobacco addiction can sometimes be a covered disability protected under the Americans with Disabilities Act (ADA). Generally, the best first step is for the employee's direct supervisor to have a conversation with the employee about the odor that results from their off-duty smoking.