Your analogy is falsifiable. Perhaps you should look up Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla RSL Club, which found: In that case, in

Your analogy is falsifiable. Perhaps you should look up Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla RSL Club, which found: In that case, in 2001, a jury in the Supreme Court of New South Wales decided in favour of a plaintiff who had brought a claim against her employer based on common law negligence and breach of an employer's statutory duty. The plaintiff had worked as a bartender at the Port Kembla RSL between 1984 and 1995 and at the Port Kembla Hotel from 1973 to 1984. In 1995, the plaintiff discovered a lump on the side of her neck, and was diagnosed with cancer of the mouth, throat and neck. The plaintiff claimed that her cancer had been caused by exposure to secondhand smoke during the course of her employment at the Port Kembla RSL and the Port Kembla Hotel. The Port Kembla Hotel settled the plaintiff's claim against it out of court, for $160 000. The claim against the Port Kembla RSL proceeded to trial before a jury in the Supreme Court of New South Wales. The jury in this case found that the employer's negligence had either caused or materially contributed to the plaintiff's cancer. This finding was based on a series of conclusions reached by the jury. On the balance of probabilities, the jury found that (i) on the information available to the Port Kembla RSL at relevant times, it had been reasonably foreseeable that the plaintiff would suffer physical injury; (ii) there had been a reasonably practicable means of eliminating the risk; (iii) in failing to ban smoking totally or partially or to constantly operate exhaust fans, the employer had by its conduct caused or materially contributed to the plaintiff's injury; and (iv) the employer had not acted reasonably. The jury awarded the plaintiff a total of $466 048 in damages, less the amount she had already received from the earlier settlement with the Port Kembla Hotel. The damages were awarded as damages for pain, suffering and loss of enjoyment of life, and past and future medical expenses, domestic assistance and loss of earnings. http://www.tobaccoinaustralia.org.au/16-3-litigation-relating-to-injury-from-exposure-t http://www.tobaccoinaustralia.org.au/16-3-litigation-relatin...