The smoking ban is (still) not everywhere. Thus, the placement of several prisoners injured in a designated detention area does not include the human dignity, not even smoke when the inmates. The discomfort caused by smoking inmates therefore does not lead to higher compensation liability.
out in its Decision of 18.12.2007, the Dusseldorf Higher Regional Court in that regard:
The Senate itself has non-smoking members and can certainly empathize with how unpleasant it is to be exposed to a small area of the smoke of others. Until a few years, such situations were common even in freedom, only a relatively short time since smoking is increasing - though not invariably - frowned upon by society and, in parallel illegal in many areas. An impairment that gang until recently in society and there was, and by those who wanted to participate is not active in it, had to be endured for granted, but not today as a violation of Personal rights and / or human dignity are reviewed, that would mean beating the human dignity of small coin (cf. OLG Celle 01.06.2004, NJW 2004, 2766, 2767: depending on the circumstances of the case, an accommodation of smokers and nonsmokers, even legally be). Tangible impact on health by tobacco smoke has not suffered by the claimant by his own account, his reference to the well-known dangers of secondhand smoke such is not replaced, especially as we are concerned here only for a period of five weeks.
(OLG Dusseldorf, decision of 18.12.2007 - I-18 U 189/07)
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