Overreaction on her part? Should I press charges? Hire a lawyer? She had at least 1 ring on fingers and it left a nasty scratch in addition to the pain and suffering to the punch. She is completely liable.
There is one small petty detail. She asked me a few times to stop blowing smoke at her baby she was holding, but it's not my fault she's downwind. I told her to "move her fatass out of the way. I'm legally smoking outside, *****".
Well, this good?
2006-12-02 13:13:32 · 34 answers · asked by corpulence4ever 1 in Politics & Government ➔ Law & Ethics
sue her!!! she endangered the baby when she hit you!!!yea...tell her to move, she's probably on the league of women voters...they're always looking for trouble!!! good thing you had enough sense not to hit back with the baby there....catch her alone...
2006-12-05 17:58:05 · answer #1 · answered by Anonymous · 1⤊ 1⤋
wow, I can't believe that all these people are against you, first off you should have had common courtesy and not smoked near her baby, but that does not give anyone the right to punch you! Period! If you were outside than there is no law against you smoking and she could have moved also. I mean if she was really concerned about the baby than she should have moved ( you should have moved also) but like I said that does not give her the right to punch you. I'm curious as to what her attitude was when she asked you. Was she pleasant or did she have an attitude? That would decide wether or not I would press charges.
2006-12-02 13:37:48 · answer #2 · answered by dannydolphin 3 · 0⤊ 0⤋
Well if she could have stood someplace else, she should have. Babies can go anywhere, cigarette smokers can't. Just because you have a kid doesn't mean you get to rule 100 yards around you. People don't have to be accomodating to children. However it would have been the nice thing for you to do. What you did was nasty and childish. Not to mention mean. However what she did was assault. She can't go around punching people because they didn't accomodate her kid. Press charges. And don't be such an asshole next time. Or someone might hit you with a car or something equally painful.
2006-12-02 13:23:36 · answer #3 · answered by The Bride 3 · 0⤊ 0⤋
Well first off, you had no right to continue after she asked you not to stop. Even if she was rude when she asked, she was just protecting her child. She had no right to punch you though. Your childish and immature behavior didn't constitute violence. But hey, I don't have a kid so I can't really say how I would respond to that. I might have done more, or I might of just ignored it and thought you a fool.
As far as pressing charges, I suggest just letting it go. It will be a head ache for not only her but for you too. Suck it up, be a man and stop acting like a little boy.
2006-12-02 13:21:44 · answer #4 · answered by SGT 3 · 0⤊ 0⤋
They are both considered an Assault, And I can only assume that if it was to go to court, they probably would favor the child. However what was the Mother and child doing around a smoking area in the fist place? Endangerment of the child could be charged against the mother, and assault and battery too.
2006-12-02 13:19:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If it was your baby and you asked someone to stop blowing smoke in your baby's face and they still kept on smoking. I bet you would have done the same thing.
Let it go, you could be tried up in court for months and all you do is make lawyers richer.
2006-12-02 13:22:20 · answer #6 · answered by Anonymous · 1⤊ 0⤋
She asked nicely for you to stop. You refused and continued. Second hand smoke can be very harmful especially to infants.
You verbally assaulted her( so she could counter sue for deformation of character and emotional damage). She defended her child and herself. I would let it go.
Be sure you were smoking legally depending upon the city/state you live if it was a public sidewalk or street it may not be or if it was on private property such a parking lot, sports arena etc and the area was marked no smoking it may not be as"legal" as you think.
2006-12-02 13:26:10 · answer #7 · answered by wes41550 3 · 1⤊ 1⤋
Interesting one.
If she chose to remain in the vacinity of smokers after obecting several times, then I would guess you could say she was certainly partly to blame for the event. Act of god perhaps also taking a hand.
I would not actually bother taking this to court, just try sneezing violently on her next time and say "aren't you glad I'm not smoking" :)
I make it a rule never to hit a woman BUT if one chose to punch me, she would get her face slapped or a pint of beer thrown in her face. I dislike violence intensely BUT I don't go in for this "women can assault men and get away with it bullsh**".
I agree if holding a baby then much harder - and would probably settle for just pouring my drink down her neck / into her handbag.
I have never had "thumbs down" in double figures before, I wonder if I can manage it today :)
2006-12-02 22:23:46 · answer #8 · answered by Mark T 6 · 1⤊ 1⤋
Man i totally feel your pain. I smoke and this new law in Ohio is going to kill me. but you could press charges but in small claims court im 99.9% sure they would just throw the case out. and the lawyer fees aren't worth it for a regular court so i would just move on with life.
i can't believe how many people on here think your the a**hole. and to all who think he could be counter sued your wrong. She has no grounds on which to sue. just because her a fat *** doesn't constitute harassment.
Harass is to irritate or torment persistently look it up.
and yes she should have moved her fat *** out of the way cause no she has no right to hit you that's assault brother!!
2006-12-04 19:07:50 · answer #9 · answered by carkid_1 2 · 2⤊ 0⤋
If you were not willing to move and it was bothering her that much then she should have moved. She put her hands on you and had no rights.
Had it been me holding my child I would have asked you to move, had you not, I would have moved myself and I am a smoker!! lol.. But regardless she had no rights to put her hands on you like I said. Personally I would put assault charges on her.
YOU PEOPLE FORGET.. THEY WHERE OUTSIDE.. Last time I checked SMOKERS HAVE A RIGHT TO SMOKE OUTSIDE. If they where inside then yes he would be in the wrong unless they where in a smoking area. Would you say she had the right to punch a truck driver in the face then if the fumes of a truck blew into the face of her baby if the wind carried it into the babies face? Just because someone ASKS a smoker to move, a smoke does not have to move, she could have just as easily moved UPWIND!!
2006-12-02 13:18:35 · answer #10 · answered by Issym 5 · 3⤊ 2⤋
What to do you think you will benefit by getting a lawyer?
Unless you like blowing not just smoke but money, forget it and move on.
2006-12-02 13:19:26 · answer #11 · answered by wild4gypsy 4 · 1⤊ 0⤋