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Couple sue smoking neighbor


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  #1  
November 1st, 2009, 06:13 PM
Jarheadwed's Avatar Platinum Supermommy
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El Dorado Hills couple sues neighbor over cigarette smoke - Sacramento News - Local and Breaking Sacramento News | Sacramento Bee

What do you think? Frivolous lawsuit or do they have a right to not smell smoke in their backyard?
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  #2  
November 1st, 2009, 06:29 PM
TheOtherMichelle's Avatar Platinum Supermommy
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I'm leaning towards having the right not to smell smoke in their backyard.
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  #3  
November 1st, 2009, 06:38 PM
SusieQ2's Avatar Jersey Girl
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Quote:
Steve Solone said he smokes about a pack and a half of cigarettes a day, but he wasn't aware the smoke was an issue for the Ganguets until his mother was notified of the lawsuit. Steve Solone said he didn't think the smoke would travel outside the yard.
Maybe they should sue the guy just for being stupid! LOL! Is anyone really that dumb?

I can understand why these people are upset. It sucks having to breathe in another person's smoke. Sometimes I wonder if smokers either don't realize or just don't care that their habit effects everyone else around them.
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  #4  
November 1st, 2009, 06:38 PM
chlodoll
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I don't think this is something you sue someone over. He isn't trying to be malicious. The outside is for everyone and there is no law preventing one from smoking in it. If this is a gated and managed community then it should be dealt with by the management company, maybe they can figure something out, not a lawsuit.
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  #5  
November 1st, 2009, 06:40 PM
(.Y.)mom2dd(.Y.)
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Nice neighbours ~ LOL!
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  #6  
November 1st, 2009, 06:40 PM
chlodoll
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I don't see why he is so dumb because he didn't think it would be effecting his neighbours so much. He says he smokes in a walled area with fans as well. Maybe the neighbours are being overly sensitive.
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  #7  
November 1st, 2009, 06:44 PM
SusieQ2's Avatar Jersey Girl
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Smoke doesn't know it needs to stay with the person it belongs to! It floats away with the breeze.
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  #8  
November 1st, 2009, 06:49 PM
chlodoll
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I understand but he isn't to know that its apparently creating a fog of smoke over their yard. Smoke usually disipates pretty quickly outdoors. I think they should have taken it up with the property managment first. Maybe they just need to smoke in the front opposed to the back and that could solve it.
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  #9  
November 1st, 2009, 06:53 PM
Jarheadwed's Avatar Platinum Supermommy
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I'm leaning more to the smoker. I don't smoke (anymore) and while I can smell it when my DH smokes outside, it goes away pretty fast.
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  #10  
November 1st, 2009, 07:00 PM
chlodoll
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Also couldn't they have just went over and spoke to them if they weren't getting a response? That would have caused less tension then a law suit.
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  #11  
November 1st, 2009, 07:06 PM
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I'm kind of leaning towards the smokers on this. Yes it sucks that they can smell the smoke, but their neighbors have a right to smoke outside, they are staying on their property doing something which they have every right to do. Their neighbors have a right to clean air, but, their neighbors are smoking on their own private property, you can't really argue with that. If the community has no rules about smoking in the yard they can't do much.
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  #12  
November 1st, 2009, 07:38 PM
mayandsofiasmommy's Avatar Platinum Supermommy
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I have experience with this. When we lived in the condo, our downstairs neighbors smoked. When they smoked on their patio and I had the window open, yep, I could smell it! It sucked!!! What I hated even more though was when they would smoke pot. They would be inside w/ doors shut and it would still come in my house. And this is while I was pregnant. I was NOT happy. And no, the cops couldn't do anything.

So, I do empathize w/ the person who is suing, but I don't think it will go far. And, fyi, property management won't do anything.

And ANYONE who thinks smoke won't travel- even through vents- is an IDIOT.
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  #13  
November 1st, 2009, 07:49 PM
AMDG's Avatar Margaret
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I view this as being similar to playing loud music or shining bright lights etc. You have a right to do what you want on your property to a certain extent. I think it all depends on the state's statutes on the issue. I didn't read the whole article but hopefully the smoker has a good attorney and if it is frivolous then they could ask for attorneys fees. People can sue for everything and anything but if they end up having to pay for an attorney AND the defendants attorney they may think twice before they sue someone again.
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  #14  
November 1st, 2009, 07:49 PM
*Jaime*'s Avatar Mega Super Mommy
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I'm with the smokers on this one. Outside is fair game. There are tons of scents outside that bother the heck out of me. I hate the smell of sausage on the grill. There are certain woods that people use in their fire pit I don't like. I HATE hydrangea plants. I detest the smell of incense. I will turn and walk out of any store that is burning it.. I close my windows when my neighbors burn it. I would never think to sue anyone over it. The scent lingers for a few minutes before it's gone in the wind. I know we don't want to start allowing lawsuits for smells now. All those department stores that sell perfume will be paying for my children's college! LOL
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  #15  
November 1st, 2009, 08:09 PM
Wolfmama09's Avatar " He's a marshmallow!"
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I'm with the smokers.This lawsuit is friviolous imo. I hate the smell of gasoline, I hate seeing dog poop in a park , God forbid if I accidentally step in it ( I will sue by the way ),I hate the sound of the ice cream truck, I hate hearing my neighbors dtd above me every other night, my parents neighbors even go as far as to burn trash and wood in their backyard, another horrible smell. I think some people are lawsuit happy.
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  #16  
November 1st, 2009, 09:47 PM
MissTorrieIfYou'reNasty's Avatar Co-Host of Heated Debates
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"WAAAHHHHH! I hate something and instead of being an adult about it, I'm going to whine that the whole world should bend to please MEEE!!! Because I'M the only IMPORTANT PERSON in the WHOLE WORLD!!!! WWWWAAAAHHHHHHH"
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  #17  
November 1st, 2009, 10:14 PM
irishxrose
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Originally Posted by Torrie View Post
"WAAAHHHHH! I hate something and instead of being an adult about it, I'm going to whine that the whole world should bend to please MEEE!!! Because I'M the only IMPORTANT PERSON in the WHOLE WORLD!!!! WWWWAAAAHHHHHHH"
No kidding!

The smoker was on THEIR property, and the non-smoker doesn't own outside or the air. If it wafts over their property, well that kinda sucks, perhaps they should do the ADULT thing and walk over and talk nicey nice to the neighbors. There are no laws about smoking outside on YOUR property that you OWN in any state that I know of.

Absolutely frivolous - and childish. The neighbors could have easily walked over before filing a lawsuit - which I can guarantee they will lose. But nooooo, let's just go waste the court's time and their own money with ANOTHER frivolous lawsuit.
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  #18  
November 1st, 2009, 10:25 PM
**Badfish**'s Avatar Worth Saving
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Are the smokers under 55? That's what stood out to me in that article. It's a retirement community and their mother owns the home. If they are under 55 and living there, the neighbors need to take it up with the HOA about the bylaws being violated. If they are in their 20s-40s and causing a nuisance with the smoking, then I think the lawsuit is justified if all other avenues have been exhausted. If they are living there legitimately, well, sucks to be their neighbors.
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  #19  
November 2nd, 2009, 05:32 AM
glasscandie's Avatar What I make is what I am
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I don't understand why they didn't talk to them either. Most smokers I know are polite about it. If one of my neighbors said they could smell us smoking, we'd be more contentious about it. As it is, when I smoke out back, if I hear the kids next door in the yard I'll move out front, or whatever. If I see my neighbor's windows open, I'll move further away.
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  #20  
November 2nd, 2009, 06:11 AM
frgsonmysox's Avatar Platinum Supermommy
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"They have a right to smoke," he said, "but that right ends when it impacts someone else's property."

This sums up how I feel.
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