A smoker is a mazik.
case one: I must attend a meeting or other venue, and there is a smoker there. I leave with the stink of his actions in my hair and on my clothing, which now must be cleaned.
case two. a multiple unit house committee pays to keep the place swept. A smokers wife doesn’t let him smoke in the house, so he sits outside and tosses butts into the public domain.
case 3: EY multiple unit. Wife does not tolerate smoking inside, so smoker smokes on mirpeset. Smoke drifts into upstairs neighbor’s windows. Neighbor closes windows against the smell, and is deprived of ventilation necessary to keep comfortable.
case four: a chain smoker smokes himself to death, checking out at 40-something with a heart attack, depriving the yesomim of a parent.
In most of these cases there is no recompense or remedy, and civil complaints are rebuffed. Is this not a great kitrug in din shamayim?