Smoke not harmful enough for class action

Smoke from a fire in a coal mine near the town of Morwell has caused residents “sore eyes, sore throats, and shortness of breath”. About 70 people have approached lawyers about the possibility of a negligence class action, due to concerns about the mining company’s handling of the fire. However, lawyers say a successful personal injury claim would require “total impairment of over 5 per cent and most people aren’t going to get that. You might have sore eyes and a sore throat for six months but it won’t add up to over 5 per cent.” Claims by businesses for smoke damage and lost income might be open.

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