second hand lawsuit smoke in small claim?

[CaliforniaBear]

That had to do with a HOA's duty to the members of the association. Even then, it is an outlier and was not based on nuisance from someone you don't have a contractual relationship with.

Edit:
Here is a good summary I just found of the law on the matter. I was wrong in that you must have a contractual relationship with the person, but I note there are no successful suits in other than apartments or condominiums or other shared places.

http://www.hoalawblog.com/SmokingPlusCondosEqualsTrouble.pdf

thanks I read most of that document. there seem to be as many cases resolved in favor as many as against 2nd hand smoke. the thing is, how often is smoke from your neighbor a problem in single family houses? I think it's much rarer than in condos.

the reason I came here was to help me find out whether it is a case that could be brought in small claims or not. I think, and you're welcome to correct me, that the conclusion is, yes you can bring a nuisance lawsuit in small claims for monetary damages. it may or may not be ruled in your favor, but it won't be dismissed as filed in the wrong court.

 

[Zigner]

In other words, you've made up your mind, regardless of what you're being told here. Best of luck to ya!

 

[CaliforniaBear]

In other words, you've made up your mind, regardless of what you're being told here. Best of luck to ya!

I'm not replying to you but to other readers who might read this comment and think it's right. no I have been listening to all comments, but Zigner has not provided any legally based reason why my lawsuit would be dismissed. he merely said there are no damages (to which I replied with a factual example of a jury granting damages) and that I should seal my windows.

 

[Zigner]

I'm not replying to you but to other readers who might read this comment and think it's right. no I have been listening to all comments, but Zigner has not provided any legally based reason why my lawsuit would be dismissed. he merely said there are no damages (to which I replied with a factual example of a jury granting damages) and that I should seal my windows.

Right - you made up your mind, regardless of the answers.

 

[tranquility]

thanks I read most of that document. there seem to be as many cases resolved in favor as many as against 2nd hand smoke.

Then, you read it wrong.

the thing is, how often is smoke from your neighbor a problem in single family houses? I think it's much rarer than in condos.

Did you see *any*? Not only do you have the problem of not being in a shared environment where there is some relationship, but also have the problem that it does not rise to the level as it does in closer proximity.

the reason I came here was to help me find out whether it is a case that could be brought in small claims or not. I think, and you're welcome to correct me, that the conclusion is, yes you can bring a nuisance lawsuit in small claims for monetary damages.

Only if you HAVE monetary damages. How much have you been hurt? In dollars. Itemize the amounts.

 

[TheGeekess]

thanks. I could not find any statutory damages, but I did find several definitions of nuisance and how to help me prove it to the judge. I'm not saying you're wrong about personal injury, I just thought this: eating a burger is unhealthy, but tobacco smoke is carcinogenic and toxic, so merely inhaling it forcefully in your living room would be enough to prove injury, especially considering the relaxed rules of evidence in small claims. again, not saying this is right, just what I was thinking.



no because barbeque smell might be annoying or not, depending on your taste, but it has not been declared carcinogenic and toxic by the US general surgeon and the environment protection agency of California, as far as I know. you should rather comparing it to this: if I had a vat of toxic chemicals or manure whose fumes enter my neighbor's living room, do you think it'd be OK?

as I was reading on how to prove nuisance, one of the key elements was to determine the reasonable response not of the plaintiff, but of a reasonable member of the general public. I think the average person would not consider bbq smell a nuisance, but certainly manure, and perhaps tobacco smoke. it should help, hopefully, if I show the judge the city ordinance that says the toxic nature of tobacco smoke makes it a nuisance and a trespass. just because the ordinance does not apply to my house does not change the nature of tobacco smoke. I believe a reason the city limited the ordinance to public places and multi-family dwellings was to not get entangled with enforcement all over the city's single family houses.

Please provide SCIENTIFIC proof that smoking causes cancer. And I don't mean statistics, because they can be manipulated (and have). I've asked two physicians for the proof, and they say there isn't really any except statistical. Smoking causes emphysema and COPD; that's a proven fact.

I take it you've never lived out in the country, either. Manure odor is a fact of life in farm country.

 

[jimnyc]

I'm not replying to you but to other readers who might read this comment and think it's right. no I have been listening to all comments, but Zigner has not provided any legally based reason why my lawsuit would be dismissed. he merely said there are no damages (to which I replied with a factual example of a jury granting damages) and that I should seal my windows.

Him telling you that you have no damages IS a legally based reason as to why you will lose. And example from elsewhere does not prove damages for YOU.