A smoker neighbour

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zhaowl88
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Post by zhaowl88 » Tue, 11 Jan 2011 10:48 am

JayCee wrote:
zhaowl88 wrote:why must I close the window just because should keep away the smell.
So that your pregnant wife doesn't breath it in every day? Or were you happy to have a child with a heart defect (of which there is no evidence that it was caused by the guy downstairs smoking) just to make a point?

Are you planning to sue Indonesia next time there are forest fires and we get the smog?

Whatever happened to common sense
It is important for a pregnant woman to have clean and fresh air. It also very good for baby. If we close the window, it block the airflow.
It is good?

Indonesia's forest issue will already deal seriously by Singapore & Malaysia government. You do not notice that our goverment alway urgue indonesia. Country to country. Neighbour to neighbour. If our government do nothings or keep silent. Do you happy? You still not get the point? You are out of my issue. :(

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Post by JayCee » Tue, 11 Jan 2011 10:51 am

zhaowl88 wrote:It is important for a pregnant woman to have clean and fresh air. It also very good for baby. If we close the window, it block the airflow.
It is good?
But you're complaining about smoke, so at that time how is the air clean and fresh? If there is smoke, close the windows, if there is no smoke, open the windows. Simple.

Give me strength

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Post by patsy_sg » Tue, 11 Jan 2011 11:28 am

i doubt you could sue someone for something he's done in the privacy of his own home.

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Strong Eagle
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Post by Strong Eagle » Tue, 11 Jan 2011 11:38 am

Aside from all the other comments, snide and otherwise, were you to attempt to file a lawsuit for damages, I believe you would have a very high hurdle for the following reasons.

a) You would need to prove that the smoke was entering your premises for the duration of your wife's pregnancy. Unless you have video, a smoke sniffer, or multiple witnesses willing to testify that there was smoke in the apartment, you can't pass this first hurdle.

b) Next, you must prove that the smoke actually came from your neighbor that you want to sue, and not some other source. Again, unless you have video of smoke pouring out of his window and into yours for the duration of your wife's pregnancy, you can't pass this second hurdle.

c) Next, you must prove that the smoke was the cause of your baby's problems. While there are lots of studies that show second hand smoke is harmful, you will be hard pressed to find sufficient evidence to link your baby's condition with second hand smoke, particularly as it will be necessary for you to prove up that the smoke affected your wife in such a way that it affected the baby. And if you have no medical records and/or regular check ups that shows anomalies in your wife's health during pregnancy, then you won't be able to pass this third hurdle.

d) Then, you will need to defend yourself against defense allegations that the baby's issues were either genetic or due to your wife's failure to exercise proper care while pregnant. Tell me how you will defend this? tell me how you will prove up that your wife didn't go out drinking every night.

e) Finally, if you were to actually win, you might find that the person you sued is judgment proof because they don't have any money. You spend a ton of money on lawyers, you win a big judgment and you find out he has $4,000 in the bank. No judgment and you pay your own attorney fees.

Bottom line: You don't have an airtight case, and even if you did, you have by no means demonstrated that you would get paid if you won.

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Post by poodlek » Tue, 11 Jan 2011 11:58 am

What I don't get is, that after 3 years (plus the pregnancy) at which point did you decide that the cigarette smoke was the cause for your daughter's medical problems? And at that point, why did you not GET YOUR DAUGHTER OUT OF HARM'S WAY? Why is winning an argument with your neighbour more important than your family's continued health? Either close your windows, find a new apartment, or send your daughter to live somewhere else, for pete's sake!

If you can't do that, then I have doubts about whether you even believe you have a valid argument.

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Post by x9200 » Tue, 11 Jan 2011 12:05 pm

zhaowl88 wrote:It is important for a pregnant woman to have clean and fresh air. It also very good for baby. If we close the window, it block the airflow.
It is good?
And you assumed that stuffy air was more harmful than cigarette smoke? I do not know the layout of your flat but I guess this was not the only window and you should be aware of some modern inventions including electric fans. FYI, we faced very similar situation and simply kept the windows closed whenever the neighbours were smoking. It was pretty difficult as their sleeping pattern was something like 4am-6pm so they smoked also during night time. Besides, I think couriosgeorge got a number of strong points you should perhaps try to comprehend.

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Post by x9200 » Tue, 11 Jan 2011 12:07 pm

patsy_sg wrote:i doubt you could sue someone for something he's done in the privacy of his own home.
Can you flood your neighbours opening all the water taps in the privacy of your flat?

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Post by ecureilx » Tue, 11 Jan 2011 12:11 pm

Answers? wrote:you think it could be a case of bad seed and not passive smoke that caused the problem....
Took me a while to figure out what you meant :) :)

Well, those who complain that the neighbor smoking is causing x, y or z, they should then also buy chemical wash kits, and stay home, and step out in bubble suits

BTW, a recent research says the likehood of carcinogens / smoke related affect are higher for infacts when it is by touch - so if a smoker in a coffee shops leaves and you sit on the table, that has more effect than passive smoke - so - keep yourself and your family wrapped up in environmentally controlled suits

cheers

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Post by zhaowl88 » Tue, 11 Jan 2011 2:44 pm

JayCee wrote:
zhaowl88 wrote:It is important for a pregnant woman to have clean and fresh air. It also very good for baby. If we close the window, it block the airflow.
It is good?
But you're complaining about smoke, so at that time how is the air clean and fresh? If there is smoke, close the windows, if there is no smoke, open the windows. Simple.

Give me strength
so I will need to close the windows everynight if not I will have to close and open the windows once got smoke during the night. After close for half hour then open again. i will quite busy doing open and close every night. "Good ideas"

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Post by zhaowl88 » Tue, 11 Jan 2011 2:53 pm

patsy_sg wrote:i doubt you could sue someone for something he's done in the privacy of his own home.
In that matter, you cannot make an complaint or take action to someone stay opp who everynight naked at his/her own house. Cos he/her is doing their own house......

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Post by poodlek » Tue, 11 Jan 2011 2:53 pm

zhaowl88 wrote:
JayCee wrote:
zhaowl88 wrote:It is important for a pregnant woman to have clean and fresh air. It also very good for baby. If we close the window, it block the airflow.
It is good?
But you're complaining about smoke, so at that time how is the air clean and fresh? If there is smoke, close the windows, if there is no smoke, open the windows. Simple.

Give me strength
so I will need to close the windows everynight if not I will have to close and open the windows once got smoke during the night. After close for half hour then open again. i will quite busy doing open and close every night. "Good ideas"
You're being obtuse. If your family's health is at risk, close the damn window! Don't sit there and complain about how you shouldn't have to close the window while your wife and daughter suffer. Or maybe they aren't suffering as much as you say? In which case, suck it up.

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Post by zhaowl88 » Tue, 11 Jan 2011 4:25 pm

poodlek wrote:
zhaowl88 wrote:
JayCee wrote: But you're complaining about smoke, so at that time how is the air clean and fresh? If there is smoke, close the windows, if there is no smoke, open the windows. Simple.

Give me strength
so I will need to close the windows everynight if not I will have to close and open the windows once got smoke during the night. After close for half hour then open again. i will quite busy doing open and close every night. "Good ideas"
You're being obtuse. If your family's health is at risk, close the damn window! Don't sit there and complain about how you shouldn't have to close the window while your wife and daughter suffer. Or maybe they aren't suffering as much as you say? In which case, suck it up.
In my point of view, if country being attrack. you are the first one to run for life. Cos you just know how to run away from facts. you are no gut. Sorry that I do not talk to no gut people.

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sundaymorningstaple
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Post by sundaymorningstaple » Tue, 11 Jan 2011 4:41 pm

Answers? wrote:you think it could be a case of bad seed and not passive smoke that caused the problem....
There just might be an element of truth in the above quote, judging from OP's responses. :lol:
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers

zhaowl88
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Post by zhaowl88 » Tue, 11 Jan 2011 4:54 pm

Strong Eagle wrote:Aside from all the other comments, snide and otherwise, were you to attempt to file a lawsuit for damages, I believe you would have a very high hurdle for the following reasons.

a) You would need to prove that the smoke was entering your premises for the duration of your wife's pregnancy. Unless you have video, a smoke sniffer, or multiple witnesses willing to testify that there was smoke in the apartment, you can't pass this first hurdle.

b) Next, you must prove that the smoke actually came from your neighbor that you want to sue, and not some other source. Again, unless you have video of smoke pouring out of his window and into yours for the duration of your wife's pregnancy, you can't pass this second hurdle.

c) Next, you must prove that the smoke was the cause of your baby's problems. While there are lots of studies that show second hand smoke is harmful, you will be hard pressed to find sufficient evidence to link your baby's condition with second hand smoke, particularly as it will be necessary for you to prove up that the smoke affected your wife in such a way that it affected the baby. And if you have no medical records and/or regular check ups that shows anomalies in your wife's health during pregnancy, then you won't be able to pass this third hurdle.

d) Then, you will need to defend yourself against defense allegations that the baby's issues were either genetic or due to your wife's failure to exercise proper care while pregnant. Tell me how you will defend this? tell me how you will prove up that your wife didn't go out drinking every night.

e) Finally, if you were to actually win, you might find that the person you sued is judgment proof because they don't have any money. You spend a ton of money on lawyers, you win a big judgment and you find out he has $4,000 in the bank. No judgment and you pay your own attorney fees.

Bottom line: You don't have an airtight case, and even if you did, you have by no means demonstrated that you would get paid if you won.
Thanks for help to analysis the issue. make complaint to NEA is much better.

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Clearing the air --

Post by ev-disinfection » Tue, 11 Jan 2011 5:20 pm

This is the shortened version of this thread.

Help help... smoke is affecting my family,
What? Close the wndow that is affecting my loved ones? are you crazy???, I need fresh air at night.... how can i open and close and open and close the window the whole night, depending on when they smoke or not????
Move house???? are you crazy, i need to live here and wait for more smoke to come in my window, take video and then sue that guy...

Please correct me if i am wrong.


BTW, if your neighbor is walking around in the nude in their own apartment, you can call the cops, and they will be nabbed. (against the law) but if they are good looking, most will not complain.

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