Should i sue them or not?

[slick rick 10+ year member]

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.

Ding ding ding. It may not be "right", but according to the law thats the logic used. //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif He willfully and knowingly stayed there (although IMO you should not have to leave because of anothers wrongdoings), and thus bars most recovery.

 

[mtlhead 10+ year member]

I don't think it matters that he "could have left", it's that this law was suppose to be in full enforcement LAST MONTH, every public establishment is suppose to have clearly legible signs that state that they are a non-smoking establishment. BW3's was clearly breaking the law and should be penalized for it. He clearly requested for the smokers to put out their cigarettes, and the manager should have enforced the law. The OP was trying to have a nice dinner with his family, but he ended up having a not-so-nice trip to the ER. BW3's is clearly in the wrong, they broke the law, he has the right to sue, but I would call that number and an attorney to see if he has a case.

 

[slick rick 10+ year member]

I don't think it matters that he "could have left", it's that this law was suppose to be in full enforcement LAST MONTH, every public establishment is suppose to have clearly legible signs that state that they are a non-smoking establishment. BW3's was clearly breaking the law and should be penalized for it. He clearly requested for the smokers to put out their cigarettes, and the manager should have enforced the law. The OP was trying to have a nice dinner with his family, but he ended up having a not-so-nice trip to the ER. BW3's is clearly in the wrong, they broke the law, he has the right to sue, but I would call that number and an attorney to see if he has a case.

that is negligence Per Se...the negligent actions of the "wiggers" are the problem that would adjudicate the situation, not the minor infraction of an ordinance. Negligence Per Se is breaking a law enacted by legislation, and the legislative act was designed to prevent the person from the specific injuries they sustained. You have to have damages here, not "potential" damages to be awared anything.

 

[bonesninja 5,000+ posts]

Ding ding ding. It may not be "right", but according to the law thats the logic used. //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif He willfully and knowingly stayed there (although IMO you should not have to leave because of anothers wrongdoings), and thus bars most recovery.

i didn't stay there long, and besides i had food that i was presumingly had to pay for on the way. i was removed from the property, which they had no right to do according to their corporate spokesman.

 

[mtlhead 10+ year member]

call that # i posted bones, maybe you'll get more answers from them

 

[bonesninja 5,000+ posts]

that is negligence Per Se...the negligent actions of the "wiggers" are the problem that would adjudicate the situation, not the minor infraction of an ordinance. This is negligence per se, which is breaking a law enacted by legislation, and the legislative act was designed to prevent the person from the specific injury they sustained. You have to have damages here, not "potential" damages to be awared anything.

there are damages....the several thousand dollars in medical bills that it is going to cost me due to the massive asthma attack.

 

[bonesninja 5,000+ posts]

call that # i posted bones, maybe you'll get more answers from them

out of my hands now, already have an attorney working the case. Anything else i do could be detrimental to the case, so he advised me to allow him to handle everything from here.

 

[slick rick 10+ year member]

there are damages....the several thousand dollars in medical bills that it is going to cost me due to the massive asthma attack.

Never said you did not have damages. I should elaborate: if you have damages that can be proved by more than a preponderance of the evidence that the injuries were proximately caused by the negligence or the waitress, restaurant, etc, then you have a case. //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

edit: when I said potential damages, I just mean damages you can prove by medical bills, etc., which you aparently can. //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

 

[ngsm13 5,000+ posts]

Fuck 'em up.

nG

 

[bonesninja 5,000+ posts]

Hopefully, they will just settle out of court to avoid any embarrassment that they may suffer at the hands of the publicity that may arise. Around here in my town, if you get the news crews involved, i could very easily cause them to lose lots of business. I'm sure that this is the last thing that they would want to happen.

 

[loud1500 10+ year member]

i like bw's but, they should've tool the wiggers to leave.

 

[slick rick 10+ year member]

Hopefully, they will just settle out of court to avoid any embarrassment that they may suffer at the hands of the publicity that may arise.

I concur. They would not want this to turn into the McDonalds coffee case. Good luck in litigation, and keep us posted. Unfortunately, the law cannot take back what happened with the lil one, but it can compensate in other ways.

 

[dumple 5,000+ posts]

i would play it calm make sure you have proof that ur son was in the hospital due to reasons haveing to do with smoke inhailation *spelling* then call back their legal department orwhat ever and threaten sueing becuase of your sons situation and how it could have seriously hurt him

 

[bonesninja 5,000+ posts]

I concur. They would not want this to turn into the McDonalds coffee case. Good luck in litigation, and keep us posted. Unfortunately, the law cannot take back what happened with the lil one, but it can compensate in other ways.

thanks, and like i said, i'm not in it to get rich. I just want someone to stand up and say they were wrong and cover my expenses at the very least

 

[pjvoc 10+ year member]

i love buffalo wild wings, in nebraska, i heard of a story similar to this, not as extreme as an emergency room trip but with a customer being alergic to cigarette smoke, (there is also no smoking in restaraunts in omaha unless there is video keno) and they sued them also

definatly do it, i hate wiggers lol