Ethel, if I or any of my colleagues thought that she was in any real danger we would not do it. We are not talking about an enclosed space. We are talking about an area some distance below and away from her window. I am talking about reasonableness here.
There are only very few of us that smoke and generally our building is empty between 9 and 4. On the odd occasion there will be a group of us together that will stand out in our private car park and have a coffee and a fag. It is rare though.
None of us would do this directly below anyone else�s window nor if we felt it was a real problem. We are talking about the building next door, about 20ft to the left and 25-30ft below her window (our ground floor juts out about 15ft beyond hers and we tend to stand away from that to avoid our own meeting room). What little smoke there would be, should disperse and should not be sufficiently damaging to her to require medical assistance (despite what she says, I have never seen an ambulance there).
You say it is not my problem (possibly sarcastically), however, it is. Consequently a small group of us (the filthy smokers) have taken the view of "sue us if you can prove it". However, we have actually offered to pay for an expert of her choice to demonstrate that her fears are unfounded because quite simply we are sick of her constant complaints (indeed she complains about smoke when there are actually no smokers there! She also complains in the depth of winter when all her window are closed.). So yes, I have taken a hard line of sod off or sue, but I have also taken a reasonable course and said that WE will pay for her to prove that this is in fact damaging her health to the degree she claims. We can do no fairer than that.