Can you sue someone who smokes near you?

Question

It's been accepted that passive smoking is just as dangerous as active smoking. If someone smokes around me, can I sue him/her for attempted murder/manslaughter because he/she endangers my life? If not, why not?

No, I'm not stupid and this is a serious question.

Serious answers please, giving your thoughts about this. Thanks heaps.

Sorry if I have offended some people, never was my intention. And I wan't going to do that anyway (suing someone).
I was just thinking, and the question came to mind.

But I think there's a difference between smoking and driving cars, etc. My point was, since it's written on the cigarette's packet that smoking can harm, and yet a person intentionally smokes ... endangering others near him ... isn't that a ground for a legal action? Again, not that I'm thinking of suing anybody.

Answer 1

Well hunni, as a smoker with respect for others, as long as I am outside I am going to smoke, now if it is enclosed i have a little more respect for others. Though we have no rights anymore, but yet people who have cars, pollute and endanger my space everyday....should I sue everyone who drives a car? just wondering

Answer 2

You can file a law suit over anything, however your chances of winning that one are slim to none. You could just as well sue the car owner for polluting your air, or the woman sitting next to you on the bus for wearing to much perfume and polluting your air, or the farmers that use pesticides on their crops that find their way from runoff into your drinking water. The point is you are exposed to a large number of potential hazards each and every day. If you want to start suing everyone go ahead..the lawyers will love you.

Answer 3

O.. sure.. sue the guy on the street smoking but don't see the 500 cars behind him spiting out more toxic gases than a smoker ever though about. Live in a city where most days the smog is so bad you can't see a half mile but it's that one guy on the street smoking that you have a problem with. You are drowning in toxic waste but you have a problem with a little smoke. Yes, sue them all.

Answer 4

I think in the States you can sue anybody for anything. I probably could sue you for asking this question and causing mental harm. In europe people smoke everywhere and I doubt if you could sue in europe.

Answer 5

yes, and i am currently suing every person on the planet who drives a car, rides a bus or breathes. would you like to fight the whole entire world too? seriously, get a life, or move over like 2 feet. i'm also in the progress of making a group called P.A.A.B.F.A.O, (People Against All Bodily Fluids And Odors). you should join us, in the group nobody is allowed to breath, pee, fart, burp, sneeze or defecate. you should try it sometime, its called being DEAD
Driven Egotistical Aging Dumb***es

Answer 6

WOW - THIS IS AMERICA AT IT'S FINEST.

The Jerky Boys were right on with reality...

I'm going to sue you.
Sue me?
Yes.
What did I do to you?
You hurt my feelings, so I'm suing you. I'll sue everybody.

Really~RU Serious? How ridiculous.

Answer 7

I don't really know... I am sorry that I am answering this, but I hope you can because I hate when people smoke around me without any consideration for my health.

Answer 8

i really dont know but i should because i have a father that smokes and his fieance smokes too. my real mom does not but my step dad does. so I can't sue my parents for smoking around me. but i hate it.

Answer 9

I wish you could. But until congress and the legislature in your state passes such laws. I am afraid you are out of luck.

Answer 10

i actually do not know but i wish i could! cigarette smoke makes me cough uncontrollably, makes me dizzy, and gahh i just can't handle it. people do have the right to tell the people to put it out. they can't smoke if someone doesn't want them to.