The 'Are You Serious' lawsuit of the day (smoking)

[Tilted (Premo)]

Dallas woman fuming over smoking neighbor at complex | News for Dallas, Texas | Dallas Morning News | Latest News

All that follows is based on the linked article, which is from last September.

Long story short: A woman leases a townhome that shares a wall with a neighbor. The woman claims that smoke from the neighbor wafts through the wall into her apartment. The managers of the complex do stuff to try to stop this and appease the woman, even though they don't think there's an issue (they claim there is a 2 hour fire wall separating the units). They also claim that the woman renewed her lease 6 months after she says the problem started.

The woman claims that she is particularly sensitive to smoke, to the point that it constitutes a disability, and that she is entitled to some kind of special legal treatment as a result (I didn't dig into how the heck that works). She finally leaves the unit, but claims that all of her stuff (e.g. furniture, clothes, artwork) is damaged and requires a lot of money to clean. She is suing the landlord and the smoking neighbor for six figures.

A judge had previously issued a temporary restraining order preventing the neighbor from smoking in her own townhome (I #### you not). As a result, she moved to a different unit.


And lastly, to answer the question - yes, smoking was permitted in these townhomes.

Originally Posted by Tilted

Long story short: A woman leases a townhome that shares a wall with a neighbor. The woman claims that smoke from the neighbor wafts through the wall into her apartment.

My Mom has environmental allergies, Cig Smoke being one of them, and she has never be able to smell smoke through a wall ....


I will say from living in townhouses / condos ... sometimes you could smell what the neighbors were cooking for dinner (read Fish) .... so who knows (although i would think that would get out in the Hall and come in through under the front door not through the walls)

I am not sure about the damage claim however .... seems a bit spurious to me

Kathy Carlton, director of government affairs for the Apartment Association of Greater Dallas, said she's never heard of a case such as the one filed by the Daniels.

She said most people who are highly sensitive to cigarette smoke don't move into a community or a building where it's allowed.

"Generally, this stuff is the property owners' prerogative, and people either live by the rules or move on down the street," Carlton said.

"If you have a pet, you look for a place that takes pets. If you hate pets, you look for a place that doesn't allow them. People have choices."

The Daniels said the freedom to choose cuts both ways.

Yes, people may be entitled to smoke in their home – but others are equally entitled to live in a clean and healthy environment.

Hmm Personal Responsibility .... and why would you renew a 6 month lease, when you started complaining about conditions ...


Oh and I loved the Mother / Daughter Swim Goggles and Breathing Mask Pictures

[hvp05]

Originally Posted by EmptyTimCup

I will say from living in townhouses / condos ... sometimes you could smell what the neighbors were cooking for dinner (read Fish)

I used to live in a townhouse that was ~15 years old and I never had that problem. No doubt, it depends on the specific build of a place, so circumstances could vary, but even though I guess it could be plausible, I would also think there would be other, easier ways for the smoke to come around - ways that may not be possible for the property owner to control.

I also can not imagine how a judge could single this woman out to prevent her from smoking. If they wanted to ban it, it should have been across the development, but even then that's unfair because it's an alteration to a lease that's already signed.

[ylexot]

"Smoking is not a right, it's a privilege," said Chris Daniel

Actually, it is a right.

[USWWarrior]

I just wish the politicians would do one of two things:
1. Make smoking illegal period or 2. Shut up about it.

They wont make it illegal because they really dont want people to quit smoking. They want people to smoke to generate revenue. That is why I am so sick of the two-faced lying taking place. If it is that bad, then have the balls to REALLY do something about it.

When the new Obama-care take effect you can bet your life savings that smokers will have higher premiums.

[vraiblonde]

The Daniel people are mentally ill and I am against infringing on anyone based on one person's mental illness.

[Vince]

This is The woman is after money and that judge is full of crap. I'd be dammed if someone is going to tell me I can't smoke in my own home.

[Lenny]

Originally Posted by hvp05

. . .I would also think there would be other, easier ways for the smoke to come around - ways that may not be possible for the property owner to control.

. . . such as, smoking in the hallway and blowing smoke under Daniel's door to aggravate her and get her to leave.

[Tilted (Premo)]

Suit over secondhand smoke targets real estate broker - The Boston Globe

This is another lawsuit involving secondhand smoke coming from a separate, but attached, dwelling - in this case, a condo below the one purchased by the plaintiff. At least part of this suit is a little more reasonable than the one referred to in the OP though, as it is based on alleged misrepresentations by a real estate agent. Allegedly, that agent lead the plaintiff, who was concerned about the smell of cigarettes in the condo she was considering buying, to believe that the smell came from the current owner's smoking. As it turned out, it seems that it was coming from the downstairs neighbors - which the plaintiff realized after having purchased, partially renovated, and moved into the condo.

Secondhand smoke is really only a side issue for the agent's part of the suit - it's about the alleged misrepresentation and whether or not the agent is liable for any injuries that resulted from it. However, there's another aspect of the situation that seems more dubious to me. Apparently, the plaintiff sued the downstairs neighbors and the condo association as well, and they just settled with her. I'd guess they settled for reasonably small amounts just to get the nuisance off their plates, but it's troubling nonetheless.

Originally Posted by Tilted

Apparently, the plaintiff sued the downstairs neighbors and the condo association as well, and they just settled with her. I'd guess they settled for reasonably small amounts just to get the nuisance off their plates, but it's troubling nonetheless.

I wonder if I was hitting a Hooka if that would be ok ........