Should i sue them or not?

[bonesninja 5,000+ posts]

I personally feel that the individuals involved are at fault, not the corporation. (**** corporations though) If smoking in public is agianst the law, shouldnt the police have been called to straighten out the teenagers AND the establishment?

the plolice here are not currently able to write the violation because its currently under the jurisdiction of the health department.

 

[bonesninja 5,000+ posts]

I don't really see how you have an actual lawsuit because someone decided to smoke in a public place that you walked into willingly. Coulden't you have moved to another table on the other side? I don't smoke but are around it quite often, it's something that you have to deal with sometimes and avoid it if you don't like it.

i don't have to avoid it, its a public LAW dipshyt. i walked into that establishment with the understanding that it is a non-smoking place. Just becasue you aren't bothered by it, doesn't make it right. I would never take my son into a place that allows smoking, and for many years we have had to suffer on what our choices were when going out to eat and now that we have A LAW that says no smoking, i should not have to worry about it any more.

 

[Flipx99 5,000+ posts]

You are under grounds to sue. You are protected by the Americans with Disabilities Act due to your son's illness. Since the law was put into effect to ban smoking, you have every right to be accomodated. Go for it.

I am not sure if asthma is covered. All conditions are not covered. My ex has MS and it is not covered. No one has to accomodate her for anything and if she falls or gets hurt, the MS is more of a liability,as businesses would use that to say that she contributed to the attack by having MS, atleast that is what the doctors told us.

If I was their laywer, I would try to determine if the smoke caused the asthma attack or did your actions (I am sure you didn't just drop it after you left) cause stress that resulted in an asthma attack.

Just another point of view. Personally, you should be reimbursed for your trouble but I think it will be an expensive fight.

 

[Platestacker45 10+ year member]

i don't have to avoid it, its a public LAW dipshyt. i walked into that establishment with the understanding that it is a non-smoking place. Just becasue you aren't bothered by it, doesn't make it right.

Now I see the way you talk to me, a fellow car junky. I could just imagine how ignorent you were talking to those Managers... no wander why they told you to leave.

 

[Randy Savage 5,000+ posts]

It's not your responsibility to move to another table because the people next to you are disregarding the law.

I would probably do the same thing you did. It's not worth it to cause a big scene in front of your family, in a public establishment. Looks like you kept your cool, which was smart.

Like I said go sit down with an attorney, one with a free initial consultation. See if you can go anywhere with it.

 

[Randy Savage 5,000+ posts]

Now I see the way you talk to me, a fellow car junky. I could just imagine how ignorent you were talking to those Managers... no wander why they told you to leave.

So it's his problem if someone is smoking in a place where it's clearly stated it's against the law?

Please //content.invisioncic.com/y282845/emoticons/rolleyes.gif.c1fef805e9d1464d377451cd5bc18bfb.gif

 

[jeepintn 10+ year member]

bww was wrong. there was a law on the books, they failed to enforce it knowingly. i would sue. all you have to say is you went there under the impression your son would be ok in a smoke free environment, which they failed to provide on their "smoke free premises"

 

[bonesninja 5,000+ posts]

Now I see the way you talk to me, a fellow car junky. I could just imagine how ignorent you were talking to those Managers... no wander why they told you to leave.

its not against you personally, and i was very respectful to the manager's. Altho, i should have took all of my 245 lb, 6'1" frame and slapped the piss outta the skinny little wiggers and see how cool they thought they were then.

 

[Platestacker45 10+ year member]

So it's his problem if someone is smoking in a place where it's clearly stated it's against the law?
Please //content.invisioncic.com/y282845/emoticons/rolleyes.gif.c1fef805e9d1464d377451cd5bc18bfb.gif

Diden't mean to make my statement like it was "his fault". Because it wasen't. What I'm trying to get at is that there is a big difference between getting free coupons and a actual lawsuit, theres a lot involved. You have to be 100% in the clear, no if's, and's, or but's.

 

[bonesninja 5,000+ posts]

Diden't mean to make my statement like it was "his fault". Because it wasen't. What I'm trying to get at is that there is a big difference between getting free coupons and a actual lawsuit, theres a lot involved. You have to be 100% in the clear, no if's, and's, or but's.

Believe me, i am. And we are not talking about just the kids smoking because i noticed on my way out that pretty much everyone at the bar (6 ppl) was smoking as well, so there wasn't many places i could move to.

 

[Platestacker45 10+ year member]

BTW I am a cop and am just to remember actual cases and how "in the right" the victim has to be and how "in the wrong" the defendent has to be to actually get anywere in lawsuit/sueing cases. If the victom willingly did something or knowingly put themselves in a bad situation or in a situation were things could go bad, then the case won't go anywere.

 

[nVRuckus 5,000+ posts]

Is BW3 a large food chain? I've never heard of them.
I'd think about talking to someone that specializes in something like this.

At the very least, I'd get them to pay for all your expenses incurred from this.

x2 and find a lawyer that will sue for you and courtcosts on top of it. alot of good lawyers are willing to not charge you up front and go after the chain for his fees //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif

 

[bonesninja 5,000+ posts]

BTW I am a cop and am just to remember actual cases and how "in the right" the victim has to be and how "in the wrong" the defendent has to be to actually get anywere in lawsuit/sueing cases. If the victom willingly did something or knowingly put themselves in a bad situation or in a situation were things could go bad, then the case won't go anywere.

thats a pretty dumb staement for a cop...if you walk out the door in the morning, you put yourself in a situation where things couldgo bad. There was a guy here in my town who sued the sheriff's department and won $2.2 million dollars because he got ***** while in county jail. Altho he broke the law, he was under the premise that while in police custody, he would be afforded the right of physical protection from harm. This is the same premise that i have when it comes to the smoking laws.

 

[Termlab 10+ year member]

in the famous words of J. Jonah jameson - "go sue somebody, get rich like a normal person"....

something to that effect

 

[bonesninja 5,000+ posts]

Diden't mean to make my statement like it was "his fault". Because it wasen't. What I'm trying to get at is that there is a big difference between getting free coupons and a actual lawsuit, theres a lot involved. You have to be 100% in the clear, no if's, and's, or but's.

If this statement really was true then Ron Goldman's father never would have b een able to sue O.J. Simpson for however many millions he sued for, since O.J. was found not guilty of the murder in the criminal trial.