| 英文摘要 |
Second-hand smoke has been known to cause cancer and other serious illnesses in non-smokers. What legal bases are available if one have been injured by second-hand smoke? Article 184 of Civil Code regulates a Tort in Second-hand Smoke Damages, which prescribes “A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals. A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved.” This paper analyzes the compensation of a tort in second-hand smoke damages under Civil Law. |
