Should i sue them or not?

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.

 
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.

 
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.

 
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.

 
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.

 
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.

 
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

 
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.

 
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.

 
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

 
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

 
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

 
Hey Man,

Many people here are not understanding our great state and the fuqin laws we have, unlike you, I don't support the law that passed because I don't believe that the gubment should be able to tell who to do what (which is what they are doing), however I do respect that you don't like the smell and all that goes with it (I am not a smoker, but I do throw darts and come home smelling like something that is about to happen after I have been in a bar for 6 hours).

Anyway, first and foremost, all four sets of lips would been bigger had they been talking like that in front of my family, hit the biggest fukker first and ask who's next.

As far as suing, you are not going to get a good lawyer if you goto "Dewey Cheatem and Howe" for a free consultation, lawyers worth their weight don't do it that way.

Soooo much of the law here in Ohio is in flux that your case would take YEARS beyond years to ever get heard because the law would need to go in effect (as it relates to enforcement and I believe that when it does, you will see changes to the actual law) and all the other appeals would have to settle in before you could get heard and then, if the law gets repealed in the mean time, things could end up just fading away.

I can assure you the courts are done with people suing like this. A couple years ago, somebody hit my wife head on in a turning lane (get this, he dropped a lit smoke in his lap and he was trying to find it), we got the lawyer because the insurance company was stimping us (after 60 days, they had still not claimed responsibility) and in the long run, the entire situation ended up costing us $1600 (because some guy wasn't paying attention). I chalked that up to, at least there were no lingering health effects on my wife and kids.

I did research on the jury rulings and saw stuff where people were offered $16k settlements, turned it down and got like $300 (some got thrown out alltogether).

I know it *****, consider it a learning experience, but with a lawyer and then consider time involved in actually going through the suit, I think you would see it as a waste of time.

Now on the other hand, if you want to get a sh!tstorm started, you could call the local news stations with the story prepared (hospital bills, etc.) and rat them out for not enforcing their policies and accuse them of profiling.

- T

 
Hey Man,
Many people here are not understanding our great state and the fuqin laws we have, unlike you, I don't support the law that passed because I don't believe that the gubment should be able to tell who to do what (which is what they are doing), however I do respect that you don't like the smell and all that goes with it (I am not a smoker, but I do throw darts and come home smelling like something that is about to happen after I have been in a bar for 6 hours).

Anyway, first and foremost, all four sets of lips would been bigger had they been talking like that in front of my family, hit the biggest fukker first and ask who's next.

As far as suing, you are not going to get a good lawyer if you goto "Dewey Cheatem and Howe" for a free consultation, lawyers worth their weight don't do it that way.

So much of the law here in Ohio is in flux that your case would take YEARS beyond years to ever get heard because the law would need to go in effect and all the other appeals would have to settle in before you could get heard and then, if the law gets repealed in the mean time, things could end up just fading away.

I can assure you the courts are done with people suing like this. A couple years ago, somebody hit my wife head on in a turning lane (get this, he dropped a lit smoke in his lap and he was trying to find it), we got the lawyer because the insurance company was stimping us (after 60 days, they had still not claimed responsibility) and in the long run, the entire situation ended up costing us $1600 (because some guy wasn't paying attention). I chalked that up to, at least there were no lingering health effects on my wife and kids.

I know it *****, consider it a learning experience, but with a lawyer and then consider time involved in actually going through the suit, I think you would see it as a waste of time.

Now on the other hand, if you want to get a sh!tstorm started, you could call the local news stations with the story prepared (hospital bills, etc.) and rat them out for not enforcing their policies and accuse them of profiling.

- T

Well said

 
the lawyer i got is a friend of brother in law who deals with corporate lawsuits. This guy is a far cry from the ole dewey, cheatum and howe types and definately not an ambulance chaser. He's doing as a personal favor at no cost, and since he is semi-retired he has alot of time to dedicate to the case. Like i said tho, i just want someone to stand up and say they were wrong and all my expenses paid on this. if i get anything extra, then it's all good.

EDIT: i take that back, it's not totally free. I have to build a deck around his pool and remove and repour the walkway that goes out to his boathouse. But he pays for materials

 
I don't think it is BWW's place to enforce the law. They cannot prevent people from smoking in thier facility, they can only use resources of government agencies to enforce the laws.

It is not a policy of BWW, rather a law.

 
I just went back and saw that you got a lawyer, good luck, you never know how it is going to turn out and especially if you get to a jury, it could go either way.

***** what happened and I feel bad for your family to have to go through that, kids at that age don't understand what is going on.

Wiggee's FTL

Good Luck,

T

 
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