General Question

RedDeerGuy1's avatar

Can one sue someone from unwanted second hand smoke?

Asked by RedDeerGuy1 (19437points) October 3rd, 2019

Or from getting addicted to nicotine or pot?
From cigarettes, e cigarettes, or pot?

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6 Answers

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kritiper's avatar

Doubtful. Can you prove who exhaled this second hand smoke?

RedDeerGuy1's avatar

@kritiper Yes. Was My step-father in 1992. He deliberately went into my bedroom while I was at school in grade 10 and smoked a bag of pipe smoke. I was coughing up blood that week. He has passed on. just wondering If in a similar situation if assault charges can be leveled for other Fluthers in the future.

kritiper's avatar

And you can prove beyond any reasonable doubt that your step-father was in YOUR room smoking a bag (however much that may have been) of pipe “smoke,” whatever that is? And you coughing up blood? And that your coughing up blood wasn’t caused by some other irritant you may have inhaled at some other location?

RedDeerGuy1's avatar

@kritiper He admitted to my mom that he did. He is dead now. I just wanted to know if its not cool to smoke in a childs room. Is what he did wrong? He has zero in his estate to sue him for.

I also want to know for curiosity sake if one can get addicted to nicotine from second hand smoke?

AlsoWeirdedOut's avatar

Wait, he did this while you were at school? Did you open a window or use a fan to clear the room out? Once the smoke is dissipated, it’s dissipated, after that it’s relatively harmless. It stinks, but harmless.
Unless your room was completely full of smoke when you got home, to the point of not being able to see, and you stayed in that smoke w/windows closed and breathed it all until the air was clear, (which would be a very poor personal choice to do) there should’ve been no coughing at all, much less coughing blood. Unless you have some rare lung issue, in which case I assume car exhaust also causes you to cough blood, but you can’t sue car owners for symptoms of your disease.
I guess if your stepdad knew you had a lung disease and did it on purpose, then you might be able to, but you could’ve left the room as soon as you smelled the smoke so I’m not sure then, either.
As for addiction due to second hand smoke, unless you have a genetic propensity for addiction it is highly unlikely you’d get addicted to nicotine without smoking, vaping or chewing tobacco yourself.

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