A smoker neighbour

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JR8
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Post by JR8 » Tue, 11 Jan 2011 6:09 pm

zhaowl88 wrote:
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.
Well I think StrongEagle gave you to soup-to-nuts answer to your question. What are you expecting the NEA to do? Sue your neighbour for smoking several years ago, when you would not close your window/s and use a fan or air-con, that you believe might have harmed your daughter? I don't see it myself. Would you mind elaborating on what your daughter's heart condition was, as you do not say?

The impression that you create in my mind is of someone years down the track who has scented he might be able to make some money out of this. I hope I am wrong, and apologise if that is not the case.

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Post by Strong Eagle » Tue, 11 Jan 2011 6:10 pm

zhaowl88 wrote:
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.
You obviously didn't read for meaning.

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Post by poodlek » Tue, 11 Jan 2011 6:39 pm

zhaowl88 wrote:
poodlek wrote:
zhaowl88 wrote: 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.
And I don't talk to people who make no sense. Good luck with your lawsuit.

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Post by durain » Tue, 11 Jan 2011 6:55 pm

since the OP is a smoker, it's probably bad sperm (and egg). damaged already done.

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Post by JR8 » Tue, 11 Jan 2011 7:00 pm

durain wrote:since the OP is a smoker, it's probably bad sperm (and egg). damaged already done.
I can't see where he said that Durain...

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Post by durain » Tue, 11 Jan 2011 8:42 pm

oh yes, my bad. the OP said "as a smoker" but that doesnt mean the OP is a smoker. apologies for that. :wink:

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Post by JR8 » Tue, 11 Jan 2011 8:59 pm

No worries mate, just trying to keep the blame-fest roughly on track hehe ... :wink:

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Post by zhaowl88 » Wed, 12 Jan 2011 8:53 am

poodlek wrote:
zhaowl88 wrote:
poodlek wrote: 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.
And I don't talk to people who make no sense. Good luck with your lawsuit.
Who is no sense? just know open and close only.

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Post by zhaowl88 » Wed, 12 Jan 2011 9:00 am

JR8 wrote:
zhaowl88 wrote:
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.
Well I think StrongEagle gave you to soup-to-nuts answer to your question. What are you expecting the NEA to do? Sue your neighbour for smoking several years ago, when you would not close your window/s and use a fan or air-con, that you believe might have harmed your daughter? I don't see it myself. Would you mind elaborating on what your daughter's heart condition was, as you do not say?

The impression that you create in my mind is of someone years down the track who has scented he might be able to make some money out of this. I hope I am wrong, and apologise if that is not the case.
NEA is in charge of environment and catch smoker. rise the issue to them and let them to the job.

Close my windows or fan or air-con is a option. if there got haze in Singapore due to Indonesia's forest fire. Our government just do nothing and no complaint to indonesia. But want our people to tolerate the smoke and ask your all to on the fan, close the windows, on-aircon. Do you will happy?

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Post by zhaowl88 » Wed, 12 Jan 2011 9:22 am

I can understand that raise this issue up. Someone will no happy cos some of them are smoker. They will not understand. They will make complaint that why government ban many non-smoker area.... and rise the price....

I am a smoker before but I quit. Not because government raise price or other issue. Because I care the people around me and love the earth....

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Post by sundaymorningstaple » Wed, 12 Jan 2011 10:51 am

:roll:
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

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Post by JayCee » Wed, 12 Jan 2011 12:04 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.
I'm sure they're suffering enough already having to live with him...

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Post by ecureilx » Wed, 12 Jan 2011 1:22 pm

JayCee wrote: I'm sure they're suffering enough already having to live with him...
:o :o

I was going to say his family should migrate to the Moon - or the Mars - or even better - to the sun where there will be no smokers..

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Post by zhaowl88 » Wed, 12 Jan 2011 1:42 pm

ecureilx wrote:
JayCee wrote: I'm sure they're suffering enough already having to live with him...
:o :o

I was going to say his family should migrate to the Moon - or the Mars - or even better - to the sun where there will be no smokers..
you should kill yourself before you take your last stick. smoker

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Post by ecureilx » Wed, 12 Jan 2011 1:54 pm

zhaowl88 wrote:you should kill yourself before you take your last stick. smoker
I am sorry sir .. I sincerely apologise for picking a fight with you ..

Sorry sir, I shall leave the fags to you ...

Cheers and have a nice day ..

(did I tickle something ?? Maybe you should stick to Asia1 forum or Stomp forum :) and I may have some who may second that suggestion .. )

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