Can you sue your neighbor for smoking marijuana and poisioning your breathing air?

Question

Has anyone ever successfully sued their neighbor for poisioning them from the effects of not only second hand smoke but marijuana fumes also?

My neighbor smokes "weed" (marijuana) on a regular basis and it comes up through the floors in my apartment and it is beginning to affect my health.

I have notified the apartment managers where I live but they are not doing anything. Is there legal action that can be taken against the neighbor downstairs before my health is further affected?

I am a young active person. However when I am at home in the evening my neighbors vices are now causing me to have breathing problems (bronchial) and my nose bleeds when he lights up. I can't escape the stench in any part of my house....when friends come over it smells like I am a user and I am not.

Answer 1

Call the police and report your neighbor!

Answer 2

Look, she's not hurting anyone. She's actually being a very responsible mother by taking it outside so there is no second hand smoke. Heck, how many cigarette smokers are that courteous? If you report her, one of two things will happen...Either the authorities will take it seriously, make an example out of her, and ruin her life, or they will simply ignore it. I don't know what state you live in, but in my state it's not even a crime to have less than an ounce, and the cops wouldn't even respond to the complaint. Either way, she's probably gonna know you ratted her out, and if I were her, I would do something really rotten for revenge. Think about it. As far as the smell, just talk to her about it. Lets act like neighbors and not enemies. Maybe you should relax and take her up on the offer to smoke with her a bit.

Answer 3

I'm sure you can sue them, people seem to be suing for anything these days.
Your in private housing?
Is it not possible to contact the council get them involved or complain about unsocial behavior (which is a very serious issue) which can get them evicted.

But you most be careful because as soon as you start taking any actions against your neighbors and they know it is you, then you could be opening yourself up for war with your neighbors which will be a very horrible situation to be in.

If you still have no luck then go to your local 'CAB' Citizens Advice Bureau they will tell you your rights and how to take action.
Good Luck.x

Answer 4

Pot smoking neighbors should have the respect for other people's space. WE all have to breath in that horrible smoke and when you have asthma it makes hard to breath. Have some decency and go smoke in your bathroom or have a room just for you smoking . This now the year 2015 and the smoking pot is worse now than ever. Something should and can be done .Contact a lawyer.

Answer 5

Umm..hate to tell you this but you're not experiencing any bad health effects from the pot. You might be getting some kind of sinus infection, but that can be the result of any kind of smoke. If you're experiencing negative effects from this it'd be the same as if they were smoking tobacco, clove cigarettes, burning incense, or even burning their dinner every night.
You can't sue them for it because they're is no illegal activity going on when their smoke drifts into your area. You can however report the marijuana use to the cops, and obviously it's not a non-smoking building, as your landlord would've had a fit about anything being smoked in the apartment, let alone pot. Also, if the smoke from your neighbor's apartment is drifting into your apartment through the floors you're either crazy or you're apartment building is a piece of ****, because in any place I've ever lived it would have to penetrate a finished ceiling(which is usually fairly air-tight due to multiple layers of paint), not to mention 1/4-in. thick wood that makes up their ceiling, usually a 2-6 inch space full of pipes/insulation, in addition to the 1/4 inch thick boards that make up your floor, and that's not even considering any padding/carpeting or laminate flooring placed on top of that.

Answer 6

Many studies show that smoking weed or anything for that matter, is damaging to your health - to say otherwise is blatantly ignorant - pot users have a 70 percent less efficient circulatory system when high - increasing acceleration of heart disease alone. Only good thing weed is for is making clothes and paper.

Answer 7

Lawsuits are over-sensationlized in the news. First, you'd have to find a lawyer willing to take on your case and that takes money, honey. You could try small claims court, but then again, even if you win a judgement doesn't mean you're going to get help collecting the money.

IMHO you're at risk of having to relocate whenever a fight gets started with a neighbor. But, this is the same as if your neighbor was playing loud music outside of the permissible hours. If it were me, I might drop an anonymous note in their mailbox explaining their second-hand pot smoke is reeking the whole building up. As a rule, pot heads are paranoids.

Cops respond to complaints or they write a report to put in their files. If the note in the mailbox does not work, try going down to the police headquarters and ask their advice.

Answer 8

Saw this when looking for paint damage from neighbor's cigarettes somehow. The poster was clearly a complete retard and knows nothing about marijuana other than the nonsense from paranoia videos.

Answer 9

Marijuanna doesn't cause nosebleeds.

Other that that, you can sue anyone for anything. I don't, however, think a judge will rule in your favor.

Answer 10

I believe the health issue is fictitious or a figment of your imagination. But I any case I would suggest you work it out between the two of you, people have been killed for allot less then this. I would hate for the gentlemen to become irate against you.

Talk to him, explain your problem, and maybe the two of you can come up with a plausible solution.

Answer 11

there is absolutely no way on earth that marijuana is "seeping thru your floor and damaging your health". That's utterly ridiculous. Thne guy could be smoking it 10 feet away from you and it wouldn;t be damaging your health. You;re probably a chronic complainer who has completely divorced herself from reality and your best bet in this situation is to have a complete psychiatric evaluation so you can get on some meds that will turn you into a normal person.

Marijuana smoke, in any quantity, is not seeping thru your floor and damaging your health. It just isn't. Seek professional help immediately before you start talking to your cats (if you already don;t) because you are on the fringe of completely losing your mind and becoming a huge burden to society (if you aren't already).

Get Help.