How long 'til I get to sue? Exposure to second-hand smoke

Surgeon general says: Separate smoking sections don’t cut it

How long until I get to be part of the big class action suit on the part of non-smokers against the tobacco industry?

Maybe I can sue my former employer who refused to even designate areas of the work place as smoke-free!?!

With the news today (here: MSNBC/AP news: Report: Ban smoking in public places, Surgeon general says 126 million nonsmokers exposed to tobacco hazards) that even designating separate smoking and non-smoking areas is not enough, there will -- as that article points out -- be more fuel for the fire in arguments over banning smoking in public places.

In all seriousness, I had a former employer that I would dearly love to get a "piece of" in a smoking exposure law suit. They saw the writing on the wall over banning smoking in the work place and instead of being pro-active, they reacted by installing "Smoke-eaters" (devices designed to help filter pollutants from the air). Truth be told, they were not at all concerned over worker's exposure to other worker's second half smoke, they were worried over the exposure of their high priced computers and electronic equipment and were making the effort to protect those resources. Human resources be damned. They spent several thousand dollars of company money buying those smoke eater devices just a few scant years before the progressives in Maryland decided to be proactive and save everyone from second hand smoke in the workplace by passing one of the nation's first work place smoking bans.

Over time, Maryland has toughened up that ban to include bars and restaurants, though there are still pockets of the state that allow smoking in restaurants (provided that there is entirely separate air circulation systems and highly restricted potential exposure to smoke from one area entering another).

I jest a bit about suing the prior employer (though if I find a few years from now that my lungs are shot to hell from 7+ years of exposure to the smokestacks -- people that would light one up as fast as the last one burned down --- at my former employer, I'd like nothing better than to get my health care costs covered by that employer, even if it took every last nickel that they had. They were stupid, and as noted above, cared not a whit about the most precious resources they could have as an employer: their human resources.

As to a big class action suit against the tobacco companies, that may one day come to pass. Non-smokers may get banded together into a "class" that is represented in some huge suit to get each and every class member about $5.00 in direct payments, coupons for some product that just so happens to be made by the tobacco company or something similar. Of course the lawyers on both sides will get rich and will laugh about it as the winner takes the loser out for a big, all expenses paid, dinner.

To get back on the more serious topic, check the article linked above. The war against exposure to smoke continues. While I begrudge nothing against the smokers among us, the damage they do with the use of the products they enjoy is a very serious subject, and is being dealt with thanks to the Surgeon general and others in our society.
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Reply #1 Top
By the way, any lawyers out there want to use me as participant number one in a suit? (I know it's usually only the first person in the suit that gets anything -- besides the lawyers that is )
Reply #2 Top
Research shows that the effects of smoking diminish rapidly upon quitting, and that most people will recover their full lung capacity and health, and their original life expectancy, within a couple years of quitting.

Chances are you were fully recovered within a couple months of leaving that company.

The same company, by the way, which rightly took steps to protect its capital investment, while at the same time treating its employees like free and responsible adults capable of making their own life choices about where to work and why.
Reply #3 Top
You shouldn't ever be able to, at least until they can perform an autopsy. Granted, if they remove your lung and it is full of tar or something, sure. There's lots of other factors that can cause lung cancer, though. I personally don't think anyone should be able to sue them at all; it's all frivolous.

I agree with you terp that we shouldn't smoke around people who don't want to be around it, but in the end the damage done by smoking is about as debated as global warming. There are people who smoke every day of their lives and live to be 80. I've known people that smoked 60+ years of their lives.

You have no idea the damage that is done to your body just from the vapors that evaporate out of the building materials in your house and workplace. I'll take nicotene over formaldehyde any day of the week. In light of that the differences in people getting cancer, is smoking really to blame, or is it a genetic predisposition to cancer?

If I am allergic to peanuts, should I be able to sue JIF for making a product that is dangerous for me?
Reply #4 Top
When I was in the AF I worked with explosives. Our entire building was full of them, they were sitting outside etc. Obviously there was no smoking anywhere but inside the break room.

But the break room was also the office...which meant all the paperwork, phone calls etc were handled there. I spent a lot of time in that room and in cigarette smoke.

To give you an idea. There were around 60 men working with me, and all but 15 of us smoked. And several kept more than one cig burning at a time.

People couldn't just go out to their cars because we were behind a double fence with guards,security badges and secret passwords. It took awhile to come and go.

I went to my annual physical a short year after working there and couldn't blow a plastic ball up a tube...(lung function test). Now I have athletic asthma so I figured it was that...but they had me breathe into a machine that measured among other things how much Nitrogen, oxygen, CO2 was coming out with my exhale.

Long story short...I was exhaling cig smoke to such a degree my Dr called the base commander who ordered my shop chief to make a non smoking break room. Which was impossible and after a terrible spat the break room became non smoking.

You can imagine how popular I was...haha.

To this day when I go in every year for my asthma tests they do that machine test on me...I still have smoke in my lungs and I've NEVER smoked. That was almost twenty years ago...

So I don't know why a smoker's lungs can get "better" after stopping but mine can't.

But I won't sue anyone over it. People operated with what they knew at the time...they didn't do it maliciously to me.
Reply #5 Top
The dangers of second hand smoke have yet to be proven.  I for one am not jumping on a band wagon driven by witch doctors and shamans.
Reply #6 Top

Just because you dont have the lung capacity to make the little ball float doesnt mean you have smoke in your lungs.

I can't make the ball float because I have asthma...but they didn't know that then and either did I...so they gave me a "breathalizer" (my term because I don't know the name of the machine) test that measures everything coming out on my exhale.  I take it every year.  And every year they tell me I have cigarette smoke in my lungs.

As a matter of fact, I've been into ARGUMENTS with Drs who accuse me of being a smoker.

I don't know how much is in there...or if for some reason because of my lung problems I am unable to expel it....I really don't know but they tell me every year I have "smokers lungs."  And when I've asked what that is they tell me its a combination of lung damage from smoke and residual smoke. 

I was around cig smoke all my life until I turned 16 then wasn't in that environment for a couple years before the AF situation.