TTS exposure causes Increased Risk of Death . There is also a common law duty to not endanger people , and, when one does, to aid the victim . It threatens a substantial body of the population, not merely a peculiarly susceptible fringe group. The torts of assault and battery, and the crime of assault, can be committed by intentionally causing harmful fluids including gases to strike another with knowledge of the harm to health caused thereby. All that is necessary is that the actor intend to cause the other, directly or indirectly, to come in contact with a foreign substance . . . .
Bodily harm is any physical impairment of the condition of another's body .
A substantial majority of all adults find being near a smoker annoying, and an overwhelming majority including a majority of smokers support additional restrictions on smoking in public places. It is one which may be obviated by the exercise of reasonable care by the employer. Black's Law Dict. As the TTS hazard was already obvious for approaching a century, Employee Donna Shimp quite reasonably asked her employer, New Jersey Bell Telephone Company, to provide a safe job site, but the employer refused. So she sued and obtained a court order requiring safety.