Should i sue them or not?

[phantom240 5,000+ posts]

[Put original post here]

Okay, so yeah, I think you are entitled to compensation... If not for the way you were treated, then for the fact that their negligence could have (in an extreme case) been dealy to your son. We have a smoking ban here too... As much as I think it sucks sometimes (because I, too smoke), I wholeheartedly support it because I have an idea what it is like for those who are offended by smoke and what not. I even hate the way my clothes smell after a long night out with other smokers. I dont smoke around nonsmokers whenever possible... unless I know theyre cool with it, like my friends.. most of em at least.

And bigben... I smoke phillies when im drunk.. or when i use them for "other" purposes.

 

[bonesninja 5,000+ posts]

Those fines are in place (to the business) to help suggest that patrons do not smoke in their facility.
The drug issue is irrelevent because they would be held as possesing illegal drugs.

Giving the people an ashtray does sound like a will breach of the law. They facilitated the smokers in breaking the law.

like i said, the punishment for the crime should never be used to determine whether or not you allow the crime to transpire. A crime is crime...it's in black and white. The fine is NOT to help SUGGEST that ppl don't smoke, it's to punish a willful violation of a law. If you the smoke have no punishment dealt to you then where is the motivation to stop breaking the law.

 

[OldManTod 10+ year member]

People....it is a law in Ohio that any public place is to be smoke free...these establishments MUST enforce this law. Why would police come to some place to tell some dumbass to put out a cigarette when a manager should be able to do that by themselves.

Lemme give you guys this link to chew on:

http://thebellwetherdaily.blogspot.com/2007/01/ohio-smoking-ban-court-blocks.html

Google "smoke free ohio" if you want more information, but this is just another example of how stupid our lawmakers are here in Ohio.

- T

 

[Flipx99 5,000+ posts]

You summed up the law pretty good and they were in direct violation of the law when they gave them the ashtray.

Question is, how hard is it to link the smoking to the asthma attack. I am not familair enough to know. Does he only have asthma attacks around smoke? Has he been around smoke and not had one? I am sure if it goes to litigation this will be pressed.

I think you will get a settlement

 

[Flipx99 5,000+ posts]

like i said, the punishment for the crime should never be used to determine whether or not you allow the crime to transpire. A crime is crime...it's in black and white. The fine is NOT to help SUGGEST that ppl don't smoke, it's to punish a willful violation of a law. If you the smoke have no punishment dealt to you then where is the motivation to stop breaking the law.

American businesses accept fines all the time. I have seen this in cases of pollution moreso than anything else where business gladly accept the penalty rather than fix the problem because the fine is less.

Another incident is the Ford Pinto (or Corvair)where analyst found out is is cheaper to let people die due to poor design rather than fix it.

 

[phantom240 5,000+ posts]

Not hard at all

 

[bonesninja 5,000+ posts]

You summed up the law pretty good and they were in direct violation of the law when they gave them the ashtray.
Question is, how hard is it to link the smoking to the asthma attack.

well, that in itself should be easy to proof. When we were in the hospital, they took some bloodtests and they found elevated traces of nicotine. Also, the doctors commented on the strong smell of smoke on his clothes.

 

[barneythedino 10+ year member]

We have the public smoking ban in Vermont. I think its one of the best things the states done in a long time.

 

[bonesninja 5,000+ posts]

American businesses accept fines all the time. I have seen this in cases of pollution moreso than anything else where business gladly accept the penalty rather than fix the problem because the fine is less.
Another incident is the Ford Pinto (or Corvair)where analyst found out is is cheaper to let people die due to poor design rather than fix it.

point taken, but i think when the rules are all figured out here and there is evidence of willful violation, the fines will be stiffer and stiffer. Plus once the health department gets after someone and they start fining every patron $100 everytime they light up, people will wisen up. Besides, now here, if its a resteraunt thats in question they will start recorded that violation on the inspections that they do and failure to correct violations on your health inspection leads to loss of your license.

 

[bonesninja 5,000+ posts]

You summed up the law pretty good and they were in direct violation of the law when they gave them the ashtray.
Question is, how hard is it to link the smoking to the asthma attack. I am not familair enough to know. Does he only have asthma attacks around smoke? Has he been around smoke and not had one? I am sure if it goes to litigation this will be pressed.

I think you will get a settlement

we have his asthma under control so far as what triggers it, and currently the only trigger is smoke.

 

[btnhfan 5,000+ posts]

Good luck with the case.

Keep us updated.

Its funny for me about how different parts of the US can be completely different on smoking. Example: Me coming from CT; huge tax, not a lot of places you can smoke, not really all that big.

Me in GA: Tons of people smoke, can still smoke in restaurants iirc, cheaper too.

One waho waitress made a statement that summed it up: "I was up in New York, and lit a cigarette in the retaurant. Those people there looked at me like I had a bomb."

I had a friend who had awful asthma attacks that required her to go to the ER immediatley. I feel sorry for you child and for everything that happened. Hopefully you can get some compensation.

 

[DBfan187 5,000+ posts]

smoking is banned in a resturants here, heavily enforced.

 

[btnhfan 5,000+ posts]

Except in bars and restaurants that dont serve minors.

Thats what I was thinking of.

*edit

And Virginia. I stopped in a waho there on my way down. Thats where I heard that tale and found people can smoke in restaurants.

 

[nVRuckus 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.

I think thats why he needs to talk to a lawyer and let them decide //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif It would make a great case law for the state if they just recently passed that law.

 

[slick rick 10+ year member]

I think thats why he needs to talk to a lawyer and let them decide //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif It would make a great case law for the state if they just recently passed that law.

He did. //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif