Who is responsible for neighboring nail salon fumes entering my office?

UPDATED: Oct 1, 2022

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Who is responsible for neighboring nail salon fumes entering my office?

I work for a home builder who rent office space. The
neighboring tenant is a nail salon and the fumes are
entering my office and giving me headaches almost daily. I
contacted OSHA and they said I can only file a claim
against my employer. However since we rent the office
space is the landlord liable and responsible to have the nail
salon install ventilation? Both my employer and landlord are
well aware of the problem but says theres nothing they can
do. I have already contacted the health department, code
enforcement etc and no one seems to have any jurisdiction
over this. I have a very good paying job but wondering my
recourse if I need to quit due to this health concerns. Any
advice will be extremely appreciated as Ive been dealing
with this issue for a few years now.

Asked on April 3, 2019 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your employer is not responsible for the actions or effects of another business not under their control. The landlord has the power to take action against another another tenant disturbing the employee of one of its tenants, but is not required to do so; your employer could possibly pressure the landlord into acting by threatening to withhold rent unless the nuisance is dealt with, but may be unwilling to go to that extreme.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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