Barmaid wins record passive smoking damages
A woman who developed throat cancer from years of passive smoking while working as a barmaid was awarded record damages today in a landmark Australian court decision applauded by anti-smoking groups.
Marlene Sharp, 62, sued the Port Kembla Returned and Services League Club, a military veterans’ group, for negligence, claiming her cancer was caused by breathing patrons’ tobacco smoke at the club between 1984 and 1995.
A New South Wales state Supreme Court jury took just four hours to decide in Sharp’s favour, and awarded her more than £164,000 in damages.
Anti-smoking groups and unions said Sharp’s victory would lead to the banning of smoking in bars and clubs across Australia.
Several Australian states have banned or are moving to restrict smoking in restaurants and cafes, but bars remain a safe haven for smokers.
Ron Edwards, director of the anti-smoking lobby group Australian Council on Smoking and Health, said the case was not the first of its kind in Australia, but was the largest pay-out and a major warning to bar owners who continue to allow smoking.
‘‘Anyone who owns or runs a pub or club who doesn’t change their behaviour rapidly is going to find themselves absolutely at huge legal risk in the future,’’ he said.
Tim Ferrari, assistant national secretary of the Liquor, Hospitality and Miscellaneous Workers Union, said the decision means ‘‘the beginning of the end of passive smoking in hospitality venues.’’
"Employers in hospitality venues are accruing a liability each day and each hour that they allow passive smoking to adversely affect hospitality workers,’’ Ferrari said.
The Australian Hotels Association, which represents bar owners, said it needed time to consider what the judgment means for its members.
‘‘It is important that we move with community attitudes on this subject and don’t leap ahead of them,’’ spokesman Simon Birmingham said.
‘‘Australia is already a global leader in terms of prohibitions on smoking in certain areas.’’
