Anyone successfully sued pot head neighbors?

[Anonymous]

Anonymous wrote:I don' t think anyone is saying they can't smoke in their own house. In fact, that is the best place to smoke. It is just that it should stay there, or be evacuated out so as not to disturb the other neighbors.

But it's also legal to smoke on your own property, which would include, for example, your porch, your yard, etc.

[Anonymous]

I think if you have a shared wall, then you probably due have cuase to sue. If the neighbor is engaging in an activity that diminished your ability to use or enjoy your property, then you can due foe damages.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Yes. of course. but pot is way worse. it lingers and the stench is worse. Don't really understand what you are getting at. A nuisance is a nuisance.

A nuisance has a specific legal meaning. It's not just something you don't like.

Not the sharpest knife in the drawer are you...

If you smell smoke, drugs coming into your home, that you end up breathing, making you nauseous, and affecting your health... that is a nuisance. If it is not, then there would be no limit as to what you could do.

By that logic, I should be able to sue neighbors who use charcoal grills. The smell makes me nauseous, gives me a migraine, and affects my health.

[Anonymous]

"Second, you have to show more than unpleasantness." It has been established for decades that second hand smoke is a carcinogen. Yeah, that's more than unpleasantness.

I don't understand why society still gives such leeway to smokers and their damaging habits. If their habits damaged only them, that would be one thing. Why we tolerate their damaging others is beyond me.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Would you attempt the same if you lived next door to cigarette smokers?

Yes. of course. but pot is way worse. it lingers and the stench is worse. Don't really understand what you are getting at. A nuisance is a nuisance.

True. But this would be the equivalent of you suing your neighbors because they play music you don’t like every afternoon and it irritates you to hear it. This is the equivalent of a neighbor leaving their windows open and fried cooking smell filling your front yard and back yard. There are things people are allowed to do on their own property and there’s nothing you can do about these “nuisances.”

Sorry.

You might want to review some caselaw before making bald statements like this. There very well may be a cause of action for nuisance. Since it is an intentional behavior insurance may decline even to defend. The lawsuit alone may bring a change in behavior.

Agree. This might rise to the level of a legal nuisance. OP says she has to throw money at the problem so a consult with an attorney would be well worth the effort. The fact that OP made significant attempts to mitigate is a strong factor in their favor.

Good luck OP.

[Anonymous]

This conversation is useless if OP can't explain how, specifically, their neighbors are causing a problem.

I don't smoke and have asthma. I live in a neighborhood where pot smoking is very common everywhere and it occasionally annoys me, particularly when my direct neighbor does it in my yard. But I can always go inside my house and close the windows. If it bothered me enough that this was insufficient, I could move. It's part of the culture of the neighborhood, which I otherwise like. I guess smoking outside isn't technically legal, but it seems silly to be mad about someone smoking pot outside when it's legal to smoke cigarettes outside and that is much, much worse from my perspective (my experience is that second-hand cigarette smoke is much more irritating to me than any other second-hand smoke).

So I don't understand what is happening that OP is so angry they would sue, an option that will, at best, only require more effort and increase tension and frustration. Perhaps if I knew the specifics I'd be more sympathetic. But if even I, a person who doesn't smoke pot and doesn't really like pot smoke, think this is ridiculous, then maybe you should reassess your approach to the situation, OP.

[Anonymous]

Anonymous wrote:This conversation is useless if OP can't explain how, specifically, their neighbors are causing a problem.

I don't smoke and have asthma. I live in a neighborhood where pot smoking is very common everywhere and it occasionally annoys me, particularly when my direct neighbor does it in my yard. But I can always go inside my house and close the windows. If it bothered me enough that this was insufficient, I could move. It's part of the culture of the neighborhood, which I otherwise like. I guess smoking outside isn't technically legal, but it seems silly to be mad about someone smoking pot outside when it's legal to smoke cigarettes outside and that is much, much worse from my perspective (my experience is that second-hand cigarette smoke is much more irritating to me than any other second-hand smoke).

So I don't understand what is happening that OP is so angry they would sue, an option that will, at best, only require more effort and increase tension and frustration. Perhaps if I knew the specifics I'd be more sympathetic. But if even I, a person who doesn't smoke pot and doesn't really like pot smoke, think this is ridiculous, then maybe you should reassess your approach to the situation, OP.

We used to live next door to someone who smoked pot every day. It was horrible. We couldnt open our windows ever because of the stench. And the smell seeped through our walls. Pot smokers are the worst.

[Anonymous]

Pot smoke and cigar smoke are way "heavier" than cigarette, though hopefully less frequent. Most cigarette smokers smoke all day long, but pot and cigar more occasionally.

[Anonymous]

Anonymous wrote:Pot smoke and cigar smoke are way "heavier" than cigarette, though hopefully less frequent. Most cigarette smokers smoke all day long, but pot and cigar more occasionally.

Many pot smokers smoke all day long. and the stench lingers 10-20 times worse than cigarettes.

[Anonymous]

Anonymous wrote:

So I don't understand what is happening that OP is so angry they would sue, an option that will, at best, only require more effort and increase tension and frustration. Perhaps if I knew the specifics I'd be more sympathetic. But if even I, a person who doesn't smoke pot and doesn't really like pot smoke, think this is ridiculous, then maybe you should reassess your approach to the situation, OP.

Dude, you should not post if you don't take the time to read the posts! He said he can smell it in his house... That is sufficient grounds. If you don't smoke yourself, why would you want to smell someone else's smoke? It would be kind of sitting next to someone with BO. Or maybe you enjoy that?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Sued them for what?

For not having a manager that OP can speak to.

LOL

Seriously, get a life OP.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

So I don't understand what is happening that OP is so angry they would sue, an option that will, at best, only require more effort and increase tension and frustration. Perhaps if I knew the specifics I'd be more sympathetic. But if even I, a person who doesn't smoke pot and doesn't really like pot smoke, think this is ridiculous, then maybe you should reassess your approach to the situation, OP.

Dude, you should not post if you don't take the time to read the posts! He said he can smell it in his house... That is sufficient grounds. If you don't smoke yourself, why would you want to smell someone else's smoke? It would be kind of sitting next to someone with BO. Or maybe you enjoy that?

I mean, it's actually not sufficient grounds. Is it 24/7? How strong is the smell? Is it everywhere in OPs house? What has he done to try and mitigate?

OP sounds really emotionally pumped up and is not being very specific. We are just supposed to take his word that the problem is severe and he has no other option. But my experience with people is that people who tend to sit around stewing about suing their neighbors can sometimes blow things out of proportion, and often lack the people skills that might defuse a situation like this. So I feel like I need more detailed info before I decide whether or not suing the neighbor would be a good idea. I'm not just going to say "Oh yes, you can smell POT from your HOUSE?! Take 'em down!"

[Anonymous]

Just buy them a handful of vape pens.

[Anonymous]

OP have you even tried purchasing and using an air filtration device?

[Anonymous]

I don’t know the law here but neighbors should not prohibit others from enjoying their property. You can play music but you can’t play it above a certain decibel level. Neighbors can smoke, but there should be a limit to ensure adjacent neighbors can use their property too. Smokers should get fans to help disperse the smoke and do their best to ensure the smoke is not concentrated beyond their property line.