Will the smoking ban prompt new compensation claims?

The recent change in the law banning smoking in enclosed public places has been the subject of many hours-worth of debate. In pubs, houses and courts across the UK, millions of non-smokers who wanted to be able to enjoy a smoke-free night out in pubs and clubs argued with millions of smokers who wanted to be able to carry on enjoying their chosen vice in the way that people have been doing for hundreds of years.

In the end, nearly everyone was resigned to the fact that the ban was coming in whether they liked it or not. Indeed, most can see the reasons why it was introduced and when pushed, will grudgingly agree that it was probably the most sensible thing to do if not the most convenient for the millions of smokers in the UK.

Most importantly, pub landlords and their staff will be able to work in a non-smoky atmosphere. There have already been a number of high profile compensation claims for lung disease and personal injuries sustained in smoky work environments, where employers had failed to protect their workers from the effects of second-hand smoke.

By introducing a ban on smoking in enclosed public places, employers will have better protection from compensation claims for lung cancer and related respiratory disorders from their workers. Also, they will have a lower chance of having one of these illnesses themselves and be able to keep in generally better health.

Also, research quoted by the Birmingham Primary Care Trust shows that the effects of smoke on the British workforce go further than the odd compensation claim. According to this Trust, 35 million working days are lost each year through smoke-related illness, meaning that publicans may actually have a better turn out from staff and have to pay fewer sick days post-ban.

However, will the smoking ban have some unintended side effects? One can imagine compensation claims coming from the slightly-tiddly pub visitor who has fallen over the steps leading into the outside smoking area, or perhaps the young lady in the little top and short skirt who has developed hypothermia from standing outside smoking in the middle of winter.

Publicans have already started taking measures to make sure that their customers are as comfortable as possible while smoking outside. Some have installed outdoor heaters and giant umbrellas to cater for their smokers, but these could pose their own safety problems. It is easy to see that a personal injury solicitor could be called in after someone getting burnt by a heater, or after a nasty accident involving the sharp end of the umbrella.

There are already problems cropping up with those pubs which do not take steps to provide a special area for smokers. Tipsy drinkers crowd onto thin pavements along busy streets and it is unlikely to be long before we hear of people falling in front of traffic, or sustaining trip injuries when someone else has bumped into them.

All in all, the ban on smoking inside in public places could be a mixed blessing for publicans when it comes to worrying about compensation claims. Whilst their likelihood of having a lung cancer claim against them is falling, unless they take steps to ensure a very high level of safety in their smoking areas they could soon be on the receiving end of all manner of other personal injury claims.

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