Cancer sparks legal action over smoking fumes

PETER Lavac, a Sydney lawyer, fitness fanatic and champion surf skier, thought something was wrong when he was not breathing as freely.

By InvestSMART · 29 Dec 2011

By InvestSMART ·
29 Dec 2011

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PETER Lavac, a Sydney lawyer, fitness fanatic and champion surf skier, thought something was wrong when he was not breathing as freely.

Knowing smoke was getting into his air from a flat below where a chain-smoking couple lived, he tried to get them to stop. Unsuccessful, he then approached the body corporate, strata title management and the tenancy tribunal, but to no avail.

He consulted a respiratory specialist, Professor Matthew Peters, who told him to monitor his condition. "From this data and my symptoms, Professor Peters concluded on the balance of probabilities that my symptoms and decrease in lung function were caused by the second-hand cigarette smoke," he said.

Professor Peters told Mr Lavac, 65, and his wife to reduce their exposure. After living in their flat for 18 months in 2005-06, they moved. In March, 2008, Mr Lavac felt unwell. A CT scan detected a shadow at the top of his right lung, and a biopsy confirmed cancer. "I had been training for almost a year for a long-distance open ocean surf-ski race in Hawaii," he said. "My whole life was turned upside down. One week I was trying to figure out how much water I would need to get me from Molokai to Oahu. The following week I was on the operating table."

Mr Lavac, who had never smoked, lost a third of his right lung. His surgeon and Professor Peters told him that, on the balance of probabilities, the lesion had been caused by passive smoking. He has had no recurrence of the symptoms and is back in training, though his breathing capacity will always be more limited. He is planning legal action against the people he claims caused his disease: the smokers, body corporate and the strata management company.

Mr Lavac said there were many situations, such as in multi-unit buildings, retirement villages and nursing homes with similar dangers of smoke intrusion through windows, vents, cavities and other spaces.

Professor Peters, chairman of Action on Smoking and Health, said there was no lower limit for exposure to smoking. "If you can smell smoke, it is hurting you," he said.

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Frequently Asked Questions about this Article…

What happened in the passive smoking case described in the article?

The article describes Sydney lawyer Peter Lavac, a non-smoker, who experienced smoke intrusion from a neighbouring flat. After unsuccessful attempts to stop the smokers and complaints to the body corporate, strata manager and tenancy tribunal, medical tests later found a lung lesion. His doctors concluded, on the balance of probabilities, that second‑hand smoke caused his symptoms and cancer. He lost a third of his right lung and is planning legal action against the smokers, the body corporate and the strata management company.

Can second‑hand smoke cause lung cancer according to the doctors quoted in the article?

Yes — the respiratory specialist and Mr Lavac’s surgeon told him that, on the balance of probabilities, his lesion was caused by passive smoking. The article also quotes Professor Matthew Peters saying there is no safe lower limit for exposure and that 'if you can smell smoke, it is hurting you.'

Who is Mr Lavac planning legal action against in the smoke intrusion case?

According to the article, Mr Lavac plans legal action against three parties: the chain‑smoking neighbours he says caused the smoke, the body corporate (owners’ corporation) and the strata management company.

What types of buildings did the article say are at risk of smoke intrusion?

The article highlights multi‑unit buildings, retirement villages and nursing homes as examples where smoke can intrude through windows, vents, cavities and other spaces — creating similar dangers for residents and neighbours.

What does the article suggest about the role of body corporates and strata managers in smoke disputes?

The article shows that Mr Lavac approached the body corporate and the strata title manager for help but was unsuccessful, and he intends to include them in his legal action. It suggests owners’ corporations and strata managers can become involved in disputes over smoke intrusion and may face legal exposure if complaints aren’t resolved.

As an everyday property investor, why should I care about cases of passive smoking and smoke intrusion?

This article highlights that smoke intrusion can cause health issues and lead to disputes or legal claims that name neighbours, body corporates and strata managers. For property investors in multi‑unit or strata‑titled buildings, that means being aware of tenant and owner behaviour policies, complaint processes and potential reputational or legal risks tied to unmanaged smoke problems.

Did the article say Mr Lavac had a history of smoking?

No. The article states Mr Lavac had never smoked. Despite that, doctors linked his lung lesion to long‑term exposure to second‑hand smoke from the neighbouring flat.

What medical advice about second‑hand smoke was quoted in the article?

Professor Matthew Peters, chairman of Action on Smoking and Health, told Mr Lavac there is no safe lower limit for exposure to smoking and warned that 'if you can smell smoke, it is hurting you.' He advised Mr Lavac and his wife to reduce their exposure.