I want to sue a shopping mal for assisting its customers smoke indoors ( eg by providing ash trays) in contravention of Florida's Clean Air Act. Such assistance amounts to gross negligence [ ie Fla Stat. sec. 7768.72b "...defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct..." ] and thus punitive damages would be available .I have photos of 2 people smoking, use of the mal's ash trays , and the staff collecting the ash trays afterwards. Was I harmed? We shall never know if the extra amount of inhaled secondary smoke has harmed me. But the purpose of the clean air act is to protect the public from the harmful effects of others smoking. So why can not I sue for being forced to inhale harmful smoke at the cause of the mal? Punitive damages if awarded will send a clear message to mals to obey the clean air law,
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