Should i sue them or not?

[Platestacker45 10+ year member]

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.

Hey bub, take it as you will. I don't see how my statement was "dumb" either. Walking outside your door is not a risk, and is not what I'm talking about. I'm just throwing things out that I've been there done that with. See it all the time. And yea, youll get that wacky case were the victom was never a victom in the first place and wins his lawsuit. I'm talking what I see everyday. You don't have to take my word for it though. I'm sure you know better than I do.

 

[bonesninja 5,000+ posts]

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

something to that effect

in the words og ngsm....indeed.

altho i'm not trying to get rich. I have enough friends and relatives as it is

 

[bonesninja 5,000+ posts]

Hey bub, take it as you will. I don't see how my statement was "dumb" either. Walking outside your door is not a risk, and is not what I'm talking about. I'm just throwing things out that I've been there done that with. See it all the time. And yea, youll get that wacky case were the victom was never a victom in the first place and wins his lawsuit. I'm talking what I see everyday. You don't have to take my word for it though. I'm sure you know better than I do.

lol.....you don't know the first thing about my life to assume that you "know" more than i do. I'm sure you see lots of cases like this out there in huge metropolis of Great Falls, Montana

 

[Railrocker 10+ year member]

As a smoker with children, I say fire bomb the entire fuggin place.

Find the *****es that were smoking around your kids and light them one fire one at a time while making the others inhale the smoke bellowing from there friends bodies untill only one is left.

Let him live of course to tell the story.

 

[Platestacker45 10+ year member]

lol.....you don't know the first thing about my life to assume that you "know" more than i do. I'm sure you see lots of cases like this out there in huge metropolis of Great Falls, Montana

I never said I know your life or whatever you just said. I'm not the one asking for advise on this forum. //content.invisioncic.com/y282845/emoticons/rolleyes.gif.c1fef805e9d1464d377451cd5bc18bfb.gif

 

[bonesninja 5,000+ posts]

As a smoker with children, I say fire bomb the entire fuggin place.
Find the *****es that were smoking around your kids and light them one fire one at a time while making the others inhale the smoke bellowing from there friends bodies untill only one is left.

Let him live of course to tell the story.

Thats awesome, but my violent days are long over. I put those to bed after i couldn't legally kill people anymore since i got discharged from the army

 

[bonesninja 5,000+ posts]

I never said I know your life or whatever you just said. I'm not the one asking for advise on this forum. //content.invisioncic.com/y282845/emoticons/rolleyes.gif.c1fef805e9d1464d377451cd5bc18bfb.gif

Go eat another protein shake or something, pump some iron, buy a new wife beater. blah, blah, blah

I already know what recourse i'm going to take, was just looking for some public opinions, not legal advice.

 

[Railrocker 10+ year member]

Thats awesome, but my violent days are long over. I put those to bed after i couldn't legally kill people anymore since i got discharged from the army

Well................... that sux.

 

[Flipx99 5,000+ posts]

You read the law. What agency is required to enforce the ban. Usually it is an agency, not the business. You cannot sue a business for not enforcing the law. What they did though is called contributory negligence. (sp...yeah)

 

[DBfan187 5,000+ posts]

own the resturant!

 

[mtlhead 10+ year member]

theres a number you can call about enfractions...its posted right outside my dorm, ill get it now............866-599-6446

 

[slick rick 10+ year member]

your only case is negligent infliction of emotional distress...and that is rarely won in court these days. You can sue for Intentional infliction of emotional distress, but that will NOT win.

 

[slick rick 10+ year member]

You read the law. What agency is required to enforce the ban. Usually it is an agency, not the business. You cannot sue a business for not enforcing the law. What they did though is called contributory negligence. (sp...yeah)

Contributory negligence is a defense the restaurant would use use against him by saying "you could have left; by staying you consented to the smoke". It does not matter that he was polite, the new ban on smoking, etc.

On that note, I still feel the restaurant is wrong on a public policy standpoint.

 

[slick rick 10+ year member]

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

No chance. the amount of recovery will be slim to none. However, if he can prove there was substantial long term harm to him or his children, a court could award punitive damages to "prevent" this similar event from happening again. However, this is less than likely.

 

[bonesninja 5,000+ posts]

No chance. the amount of recovery will be slim to none. However, if he can prove there was substantial long term harm to him or his children, a court could award punitive damages to "prevent" this similar event from happening again. However, this is less than likely.

Already found one, pro bono. Maybe FL is a tighter state but in here Ohio frivolent lawsuits run rampant.