Barmaid's passive smoking payout

Making history: Marlene Sharp leaves court in Sydney

A former barmaid in Australia has become the first non-smoker in the world to be awarded damages for cancer caused by environmental tobacco smoke, or passive smoking.

Marlene Sharp sued the veterans' club in New South Wales where she worked for negligence.

A jury at the New South Wales Supreme Court ruled in her favour and awarded her US$235,000.

Anti-tobacco campaigners see this case as a breakthrough.

Non-smoker

Ms Sharp, 63, has never smoked, but for 11 years she worked in a smoke-filled bar at the Wollogong military veterans' club.

When she developed a cancerous lump in her throat six years ago, she was convinced that it was the result of this passive smoking.

A four-man jury at the New South Wales Supreme Court agreed with her and ruled that the club where she worked was negligent.

More restrictions on smoking are inevitable

There have been other claims by non-smoking cancer sufferers who say that their illnesses were caused by passive smoking, but they have all either failed, or been settled out of court.

Now many other claimants are expected to come forward.

There will be pressure on employers to protect their workers from what is increasingly a known risk, and on governments to ban smoking in all enclosed spaces.

This is a further blow to the tobacco industry, which has long argued that the dangers of smoking are well known, and that smokers should be allowed to decide for themselves whether to take the risks.

But when courts rule the health of innocent bystanders is being affected by smokers, wider legislation against smoking becomes more likely.

Most Australian states have banned smoking in pubs, clubs and restaurants but a similar ban in New South Wales will not come into effect until September.