Sued for smoking in own home

by 68 comments
Dallas woman fuming over smoking neighbor at complex | News for Dallas, Texas | Dallas Morning News | Latest News

Dallas woman fuming over smoking neighbor at complex
In an age when smoking has been outlawed in most public places – government buildings, bars and pool halls – a person's home is one of the few places you can puff in peace.
Lot of people are going to be watching this.
#off topic forum
  • Profile picture of the author HeySal
    Woman should be shot. Sick of law suit profiteers. We could clean the country up a lot if we just shot people in the head for initiating law suits for profit. Save resources.

    I hope the people she is attempting to steal from turn it around and sue her for everything she'll ever own for malicious prosecution.
  • Profile picture of the author Michael Motley
    She kind of has a point i suppose. If these were seperate houses, i'd agree with you sal, but they are townhomes, connected to each other. Why should she be forced to breath someone elses second hand smoke and her house/belonging stink from smoking when she doesnt even smoke.
  • Profile picture of the author KimW
    I'm with Sal, and if I remember what Kurt said in a different thread,those that file frivolous lawsuits should get the penatly they were trying to get the other person.
    If she sues and loses, let her pay the people she sued restitution. Granted, she probably doesn't have the 6 million she is suing for, but I'm sure she has some figure that would hurt her enough to stop her from bulling BS like this again.
  • Profile picture of the author Michael Motley
    I would think that if anyone were going to be sued, it would be the home builders
  • Profile picture of the author Michael Oksa
    She doesn't like smoke so she should be shot?

    That's too harsh.

    I don't think she has to bring a lawsuit. Smoke stinks. Yes, you can do it. I used to. But once it starts affecting the air that I breathe - you are taking away MY choice to breathe clean air.

    Why the hell should I be made to live with somebody else's smoke. I used to live in a duplex and the old man on the other side of the wall smoked like a chimney - and he was on oxygen.

    Anyway, OUR side smelled like smoke. That's bull.

    So, one day I yelled through the wall, "why don't you just hurry up and die" Not a nice thing to say, and I felt bad. But within two weeks his wife had him in a nursing home.

    I know, it was the Nazis and Fascists who started out by banning smoking, and if we do it we're only one step away from being herded into cattle trucks.

    Here's what it comes down...

    Why is their right to smoke more important than my right to clean air.

    Get a grip.

    Not every every single subject is about the NWO taking control of everything we do.

    And, no, VISUAL computer porn should NOT be allowed in libraries. That's not violating the Constitution - as stated by the Supreme Court many times. The SCOTUS has Constitutional authority, like it or not, they do.

    I'm glad I don't live in a mental world where everybody, and every decision is designed to get me.


    No, bringing a lawsuit is too much. Perhaps talking to the neighbor, and reaching a mutual decision would be possible. But I know how some smokers react. As soon as someone says they don't like them smoking, the smoker goes out of their way to expose the complainer to MORE smoke. Sorry, but that's just rude.

    I used to be a considerate smoker. I was never offended if a non-smoker didn't like my smoking. Heck, if I wanted a smoke, I didn't care if I had to go outside, or to my car, or wherever.

    Smoking sucks. It's a bad habit.

    On the other hand, too many non-smokers think it's their place to tell smokers of all the dangers and tell them to quit. I don't like that either, and I don't do it.

    The issue here is that you have two people intruding on each other's enjoyment of life. How can a COURT decide whose life is more important? They can't. Should make for a set of interesting "legal" arguments from the attornies on both sides.

    All the best,
  • Profile picture of the author seasoned
    Yeah, the fact is that she was NOT smoking in her own home. PERIOD!!!!!!! She was smoking in the compartment of a building that OTHERS lived in AS WELL!!!!!!

    Heck, Smoking gives me a headache, hurts my eyes, leaves a bad taste in my mouth, makes me and my clothes STINK, and gets in EVERYTHING! EVEN my lungs(hours later I can smell clean hands, wash my mouth, brush my teeth, , breath hard on them and smell the smoke!) There is really NO way to clean it up! NONE! I have NEVER seen it done! My father smoked in my car ONCE, because I went a LONG distance to get it, he cosigned, and I figured "how bad could one smoke be?". Well, it took THREE YEARS for the smoke to dissipate so that it smelled ALMOST clean. STILL, even when I sold it over a DECADE later, hot days would bring back the smell.

    So why should ANYONE have to put up with that garbage?

  • Profile picture of the author wirelessgeek
    Must admit I saw this coming. The fact that they are townhouses connected to each other makes it a little more understandable, since it's easier for the smoke to drift from one home to the next. C'mon smokers; if you don't want to quit, at least switch to chewing tobacco. That, at least, won't violate someone else's airspace and bring a lawsuit like this down on your own head.
  • Profile picture of the author gareth
    Those smoking assholes need their butts kicked and they need to kick their butts

    I hate arrogant smokers polluting my air - i dont blame this lady - she should have shot the smokers in the butt - sue them all to hell.
  • Profile picture of the author Michael Oksa
    I'm not allergic, but it has a nasty way of staying on everything it touches.

    As I said, I don't think there should be a lawsuit.

    If I am a guest in a smoker's home, then I say nothing - it's their home, I'm the guest. But if a smoker comes to my house, they know they have to step outside. No big deal.

    But when BOTH people feel they are at home, then it gets tricky. Who has the right to do what. The smokers has the right to smoke in the privacy of their home. But the non-smoker has the right to keep their air clear.

    The best thing would be to discuss the issue like two adults. Perhaps the smoker could find a comfy place to smoke that was a little further away from the shared wall. And maybe the non-smoker could do something on their own side to reduce the odor from coming through.

    A lot of smokers ARE rude, and they deserve EVERY law that makes it harder for them to smoke.

    A lot of non-smokers ARE rude, and they deserve to be told to get off their high horse and mind their own business.

    For the polite smokers and non-smokers, simple, curteous, and understanding dialogue can go a long, long way.

    All the best,
    Michael "Used to smoke 2 packs a day" Oksa
  • Profile picture of the author gareth
    Whats a pharm ?
  • Profile picture of the author HeySal
    Gareth, in the context in which I used "pharms" - it means pharmaceutical drugs. People are eating them so much now that they are leaching into water supplies so you are in effect taking all the drugs that everyone around you eats when you have a glass of water. They aren't filtering that crap out yet, but in more highly populated areas the ppms just keep getting more concentrated. Wanna do someone elses heart pills or psychological drugs?

    I was serious - if someone can sue me for smoking in my own home, I want the right to sue for eating daily pharms. Keep that crap to themselves and out of MY water.
  • Profile picture of the author HeySal
    Originally Posted by talewins
    But this I have observed repeatedly.. smokers want to smear the environment for the rest of us. I look at the youth picking up this filthy habit on purpose and they are on a roll -- when they throw a cigarette down they will grin if they get to watch someone else have to pick it up. At service stations I have watched young people pull away from the trash cans at the pumps, go out to the perimeter of the property, stop the vehicle and empty their ash trays onto the pavement for someone else to pick up. It isn't just the young kids.. You go into a bar that allows smoking and the urinals are full of butts deliberately flung there since the bar opened that morning.
    Oh hell, I didn't even see this.

    Yes this is so much more disgusting than all those fast food containers floating around our streets - and dirty baby diapers being left at campsites and lakes.

    This is where I get just royally pissed off.

    If you are a non smoker and are fat - don't even approach me with your lard ass and tell me about MY health.
    If you drive a car, use propane, burn wood or charcoal - don't appraoch me about MY smoke.
    If you dump your trash on the side of the road I'd just as soon put a bullet through your forehead than listen to your chemically intoxicated mouth harping at me because I smoke.
    If you take pharms - you need to go find someone else's water supply to pollute.
    If you clean with toxic chemicals, just do us all a favor and quit because you are destroying our planet.

    I'm am just sick of listening to every non-smoker on the planet harping on me about how to run MY life. If you don't like my smoke - stay the F--- AWAY from me and shut your pretentious, self righteous mouth. I don't wanna listen to it. Strap on a backpack and come climbing with me some day. It's okay you self satisfied twit - you can grab a rock anywhere. I'll have a couple of smokes when I get to the top and pick your tired healthy little rear end back up where you landed on my way back down.
    And NO - I'm not gonna carry your backpack for you. Cripes all mighty --get a freakin' life or go buy your own corner of the planet where you can rule as you want to.
  • Profile picture of the author ptone
    When you move into an apartment, you know that your neighbors live really close to you. This woman should have realized that her neighbor might be a smoker, especially if the property-owner allowed it. She could have chosen to live somewhere where she didn't share a wall with her neighbor. She could have moved into a house, or even in a rural area if smoking bothers her so bad.

    In my opinion, the whole smokers vs. non-smokers issue all comes down to a matter of choice. If a restaurant allows smoking, fire one up after the meal. The non-smokers can choose a non-smoking restaurant.

    On the other hand, if a smoker wants to go see a Denver Broncos game at Mile High Stadium, he/she should not be allowed to smoke because there is only one place to go see a Broncos game in Denver - there is no other choice.

    Before moving in, this lady should have asked the property owner if smoking was allowed in the apartments. Then she could make her choice whether to move in or not. But, somehow I doubt that's the real issue here...ten bucks says this ain't her first frivolous lawsuit.

    Another ten bucks says that, no matter the outcome of this case, all rental leases will now include language that states that you understand that your neighbor might be a smoker and we cannot be held liable for any discomfort this causes you.
  • Profile picture of the author Johnny Michel
    Hmmm smoke from cars etc. is bad for your health too (and it stinks) so i think, next in line for a lawsued (in usa) is people who has a car, they get a lawsued from one who has a window (and that person has not a car ofcourse) open in hers/hes home and one of the neighbours park/start, hes/hers car out on the street near the open window ...... many complaines about people who smoke but many of these people who complaine drive in cars them self, so what is best/bad ? smoke from a car or a cigaret ...... just my 2 cent.
  • Profile picture of the author Michael Oksa
    Sal, simmer down.

    Killing people, shooting them in the head?


    Calling me a lard ass.

    In my opinion, and it's only an opinion, those types of comments are a big part of the problem.

    Why should the non-smoker have to move? Why not the smoker? Why anybody? You are clearly saying smokers have more rights than non-smokers. That doesn't make any sense. And is very surprising coming from you. Someone who thinks everyone has to use natural remedies for everything. Thinks people should take care of their health.

    Maybe people who want to shoot people in the forehead are the ones we need to lock up. You say you don't like the self-righteous attitude of these people, BUT that is EXACTLY what you're doing - just from the other side.

    I don't mean to get so personal, but you normally don't come across as violent. Opinionated, yes. (Which is a good thing) Violent...unacceptable.

    So, take a deep breath and calm down a bit, the stress isn't good for anyone.

    Just sayin'
  • Profile picture of the author Michael Oksa
    Don't tell ME, or ANYONE how to be healthy if you SMOKE.

    Don't tell me what I can eat, what medications I can take, how to exercise, what water to drink, or what type of medical professional to see - IF you smoke.

    I didn't know you were a smoker, but now that I know - EVERY piece of health-related advice you have given or will give doesn't hold water.

    Obviously you must know that smoking isn't good for you. You are introducing all kinds of chemicals into your body, not natural things, chemicals. Surely someone who knows everything about being healthy has to know smoking isn't the best thing you can do.

    I'm not telling you to quit. Smoking is your choice. You can smoke if you like, but don't turn around and tell other people how to be healthy if you choose to do it.

    All the best,
  • Profile picture of the author HeySal
    STEVE -

    I don't give a rat's ass if you're fat. Not my problem. But if you're 350 pounds and waddle up to me and get in my face about cigarettes, you are waaayyy out of line - and you wouldn't believe how often that happens.

    As far as fires - use electricity? Cook in your home? I'm worried about how careful YOU are, too. Look at all the Xmas fires that non-smokers cause. Fires are just another cop out. Just because someone smokes doesn't mean they are careless. People who are careless come both in smoking and non-smoking varieties. Look at all the forest fires caused by people driving those little 4 wheelers.

    Yellow walls? I've seen people who don't smoke who are filthy enough I won't go in their homes, too. I never have yellow walls - it's called HOUSE CLEANING. A pig is a pig if they have a stoggie dangling from their mouth or not. I have pet allergies and have been in one hell of a lot of homes that don't clean well enough and the pet dander is an actual danger to my health. So what do I tell them - get rid of your animals?

    The point of my rage is.......
    Number one - I don't see a lot of people healthy enough to tell me how to live.
    Number two - You don't go out of your way to avoid my smoke then don't tell me to go out of my way not to smoke.
    Number three - If you think you don't pollute because you don't smoke, you're just plain stupid.
    Number four - Smokers aren't any more rude than non-smokers are. If you expect people to go out of their way for you when you aren't willing to do the same - well ya already saw my answer to that. If the woman in question in this thread was so damned sensitive to smoke - why the heck didn't she move to a non-smoking community? There are plenty out there.....but no....she wanted to live THERE and then just tell everyone else how they are going to live. That's just plain BS walking and there's no way around it - she's a con aritst and I hope she gets the pants sued off her.

    It doesn't give someone a right to rule YOUR life because they don't like what you do.
  • Profile picture of the author KimW
    Originally Posted by HeySal
    If the woman in question in this thread was so damned sensitive to smoke - why the heck didn't she move to a non-smoking community? There are plenty out there.....but no....she wanted to live THERE and then just tell everyone else how they are going to live. That's just plain BS walking and there's no way around it - she's a con aritst and I hope she gets the pants sued off her.

    It doesn't give someone a right to rule YOUR life because they don't like what you do.

    You ever really think about what is involved in moving?"

    Exactly, so why move twice? Like the question that was asked:Why didn't she just move into a non smoking living situation.
    By the way, I don't buy her story for a minute. Just another money loving freeloader imo.
  • Profile picture of the author HeySal
    Steve -- you have become so contrarian that you will argue anything to the point that you completely lose site of the logic involved. Is all you talk for is to see if you can WIN?

    YES - non-smokers cause fires. ESPECIALLY at Christmas. Don't take my word for it. GO to your local fire department and ask them. ALso find out it wasn't smoking - it was DRINKING that caused the accident.

    Stupid statement eh? NO IF you are not perfect you are not free to nag me to the point I want to put your teeth down your throat about MY imperfections. Exactly who the f--- do you think you are that I have to listen to your view of my life if I don't wanna hear it? I'd think you'd better spend your time reflecting on your own faults than to make yourself into a nagging fly over mine - I'll swat a fly that nags me.

    Counterdictory? No - I go out of my way in many places at many times to keep my smoke out of other people's faces - I wish that they would be as considerate about going out of their way not to run their mouths at me about what they think about my smoke. I hate to be nagged and at some point non-smokers all decided it was their right to act like one massive group of PMSing lunatics over smokers. For every point you can make against smoking, there is a point I can make against part of your life, too. I don't do so because it isn't my business. I wish everyone would consider that their first point of argument when flapping their gums at me about my habits.

    Yes I KNOW what it takes to move. I do so now and again. The point remains - the bitch moved into a SMOKING complex and if she is sensitive to smoke, she should have been seeking NON-smoking communities instead of barging in then trying to take over. She's a CON artist Steve - and there is no way we need to bend one freaking inch for a CON artist no matter what their angle is or over what predicament. I'd make one big bet she knew she was going to try to sue them when she moved in there to start with. People that hate smoke don't seek out smoking facilities without alterior motives.
    Steve - I HAVE moved because I couldn't stand the neighbors. I'll do it again in the same circumstances. Oh wait -- maybe I'll just sue them instead. After all, isn't that the American way? I sure hope I Like my new neighbors music - and kids - and pets. Maybe if they smoke fatties I can get them ARRESTED - now that's REAL power over someone's life! Why spare the chump change when I can have that MUCH CONTROL over someone else!

    I'm thinking you are extremely glad you don't live where I live right now -- they hate people who put their noses in everyone else's cracks. We have a non-smoking bar in town. Wanna go to the smoking one across the street and bitch about smoke? You'll probably carry your teeth to the non-smoking one real fast. You're right to take ours ends at the town line out here - just as it should be.
  • Profile picture of the author patJ
    I couldn't care less about people smoking as long as it doesn't in any way enter my apartment/house. Of course, i wouldn't sue anyone. I would give them a chance to stop smoking in their apartment. If they didn't obey, i would cook the smelliest thing imaginable and put it outside their door. Ideally, i'd put some dog**** in their ventilation system.

    Smoke all you want, just don't pollute my air.

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