Second hand smoke from outside apartment

[GGG]

I think the best way would be assuiming you have windows in two different rooms is to have the air sucked in from the room you are not it or the window furthest away from the smokers and pump the air out of the room you sleep in.

[blankall]

Originally Posted by Dion

Who are you to be telling others it's psychosomatic?

Are you an expert in this field?

A god friend of mine has asthma. If he's in a room where there is too much smoke he literally can't breathe. He has to step ouside and use his puffer. And no, it's not about anxiety or working themselves up.

Does he get the same reaction every time he gets anywhere near a roadway? I guarantee you the concentrations of smoke are much higher, you just can't smell it.

How about when he goes into a room and someone is cooking or has just cooked something? Also, much higher concentrations of smoke.

The bar situation I do think is harmful, which is why I'm glad they'be banned it, but banning on patios etc.. is ridiculous.

[Jawbone Hill]

Originally Posted by blankall

If this is your only real concern, I suggest you stop watching so much tv and start being more discerning about the information you take in.

Think about it this way. How dilluted is the smoke by the time it reaches your apartment? The answer, very. Now what is worse the hundreds of thousands of people who drive their cars or the person burning part of a tobacco leaf.

In terms of health, you really don't have much to worry about from second hand smoke at that kind of distance with the smoke travelling outside first. The only cases involving health effects from second hand smoke were from people constantly exposed.

The majority of studies in these areas have focussed on spouses/children of smokers and usually find a 20-30% increase in risk of cancer etc at most.. Even those are debatable since smokers tend to be unhealthy people and are thus more likely to live with other unhealthy people. There are several papers that go either way, but the end result is that the amount of second hand smoke you have to be exposed to is massive to even have a small increase in your odds of cancer.

All that being said... second hand smoke is annoying, so it's definitely something you should talk to your neighbors about. This is probably a situation where you will catch more flies with honey than vineger though. Unless there is a by-law prohibiting the smoking, don't expect your neighbours to be overly receptive to a bad attitude.

Edit: Flip has an excellent point. In the modern world where people live so closely together, you have to put up with other people annoying you. It still doesn't hurt to talk to them.

This isn't the case of me taking sensationalized news out of context... I just haven't found enough material to convince me that the amount of second hand smoke reaching my apartment isn't harmful to my health. I agree with you that the cigarette smoke has dissipated somewhat into the air; however at what point does it reach levels that it would no longer be considered harmful? If you can provide that information, than I'm all ears.

[valo403]

Originally Posted by blankall

Does he get the same reaction every time he gets anywhere near a roadway? I guarantee you the concentrations of smoke are much higher, you just can't smell it.

How about when he goes into a room and someone is cooking or has just cooked something? Also, much higher concentrations of smoke.

The bar situation I do think is harmful, which is why I'm glad they'be banned it, but banning on patios etc.. is ridiculous.

If I burned the hell out of something without the extractor fan on, then yes the symptoms would be the same. I try not to do that though, and I really try not to go for dinner at places where that's common.

[Peanut]

I'd vote for buy an air conditioner for your window. I guess it's not the cheapest solution, but it'll work so much better to keep you cool then just trying to circulate the smoky air with a fan!

[Swarly]

Originally Posted by Jawbone Hill

This isn't the case of me taking sensationalized news out of context... I just haven't found enough material to convince me that the amount of second hand smoke reaching my apartment isn't harmful to my health. I agree with you that the cigarette smoke has dissipated somewhat into the air; however at what point does it reach levels that it would no longer be considered harmful? If you can provide that information, than I'm all ears.

If you are that concerned about get cancer from smoke blowing outside I would shut the door and suffer 5 degree higher heat. Its not that the smoke isn't harmful, there are risks associated with everything you do everyday, just have to decide which is more important, cool air blowing in and very small health risk vs living healthy but in a sauna.

[Dion]

Originally Posted by blankall

Does he get the same reaction every time he gets anywhere near a roadway? I guarantee you the concentrations of smoke are much higher, you just can't smell it.

I call BS on that. The smoke inside a closed room is much more concetrated than standing by the side of a road.

How about when he goes into a room and someone is cooking or has just cooked something? Also, much higher concentrations of smoke.

In your other post you acted as if you were some expert in the field, yet now you're asking me

Cooking smells don't trigger his asthma unless someone has burned something. There also the strong scent of perfumes that bother him.

Btw do you treat people with asthma for a living?

[Swarly]

Originally Posted by Dion

A god friend of mine has asthma. If he's in a room where there is too much smoke he literally can't breathe. He has to step ouside and use his puffer. And no, it's not about anxiety or working themselves up.

sounds like your friend is a special case tho. If he is that sensitive to smoke then there is most likely a ton of other things that will trigger his asthma. I have asthma and smoke barely registers to me, pets bother me the most, I even smoke when I drink.

[Dion]

Originally Posted by Swarly

sounds like your friend is a special case tho. If he is that sensitive to smoke then there is most likely a ton of other things that will trigger his asthma. I have asthma and smoke barely registers to me, pets bother me the most, I even smoke when I drink.

I wouldn't say he's special cause my mother has asthma also and finds cigareete smoke can trigger an attack also. She used to a be a smoker and wonders how she ever smoked that long. She hates the smell of tobacco smoke now.

From what i've heard, not everyone reacts to the same smell or scents.

[Swarly]

Originally Posted by Dion

I wouldn't say he's special cause my mother has asthma also and finds cigareete smoke can trigger an attack also. She used to a be a smoker and wonders how she ever smoked that long. She hates the smell of tobacco smoke now.

From what i've heard, not everyone reacts to the same smell or scents.

well not special as in he is the only one of his kind, there is a large subsection of asthmatics that will react to smoke. But you jumped on Blankall for making a sweeping generalization of asthma then you did the same. When in fact both points are true of asthmatics but not every case is the same.

[Dion]

Originally Posted by Swarly

well not special as in he is the only one of his kind, there is a large subsection of asthmatics that will react to smoke. But you jumped on Blankall for making a sweeping generalization of asthma then you did the same. When in fact both points are true of asthmatics but not every case is the same.

I jumped on Blankall for his suggestion to valo403 that it was psychosomatic and that it was induced by anxiety.

[Ice]

Unbelievable. New renters moved into the house next door over the weekend and five minutes ago, what comes in my house? Cigarette smoke. Another year of this. UGH!

[Swarly]

Originally Posted by Dion

I jumped on Blankall for his suggestion to valo403 that it was psychosomatic and that it was induced by anxiety.

right, which is true. Asthma can be triggered by anxiety, not all the time but it differs from case to case. Same thing with your friend who cant smell smoke. Just different subsections of asthma.
My brother has exercise induced asthma and he has taken up smoking. Just pointing out that not every person will react to the same things even tho they all have asthma, so sweeping generalizations either way are incorrect.

[Dion]

Originally Posted by Swarly

right, which is true. Asthma can be triggered by anxiety, not all the time but it differs from case to case. Same thing with your friend who cant smell smoke. Just different subsections of asthma.
My brother has exercise induced asthma and he has taken up smoking. Just pointing out that not every person will react to the same things even tho they all have asthma, so sweeping generalizations either way are incorrect.

Where did i make a sweeping generalisation?

[Swarly]

Originally Posted by Dion

Where did i make a sweeping generalisation?

blankall did, then you told him your friend cant smell smoke and who is blankall to be saying what people with asthma are affected by.... I simply pointed out that not all people are affected by smoke like your friend is either, there are many different types.... thats all I was saying not trying to argue with you here

[Dion]

Originally Posted by Swarly

blankall did, then you told him your friend cant smell smoke and who is blankall to be saying what people with asthma are affected by.... I simply pointed out that not all people are affected by smoke like your friend is either, there are many different types.... thats all I was saying not trying to argue with you here

Ahhhh ok. I see your point

[blankall]

Sorry,

I think I may have derailed the thread slightly by making generalisations about asthmatics. I don't know the friend in question so shouldn't have commented on his specific case.

Back on topic.

The law of nuisance.

As Troutman stated:

"Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance."

Here's the other side. The law of nuisance is a balancing act between preserving the rights of both parties involved. Smoking a cigarette on your balcony is a perfectly legal activity. If I chose to quietly enjoy my balcony by having a cigarette, my right to do show should be protected.

"The basis for adjusting these conflicting claims is reasonable use, with legal intervention being warranted only where the defendant's excessive use of property causes inconvenience beyond that which other occupiers in the vicinity can be expected to bear, having regard to the prevailing standard of comfort of the time and place. The question is, is the defendant using his property reasonably, having regard to the fact that he has a neighbour?"

Is the nuisance it causes my neighbours really so great that I should be deprived of this basic civil right. It is still common place in our society for people to smoke, and your neighbour is being reasonable when exercising that right.

For a claim of nuisance the law as it stands now requires:

"A claim in nuisance arises where there has been a substantial and unreasonable interference with an individual's use and enjoyment of his property in the case of private nuisance, or a public right in the case of public nuisance. The authorities suggest that there is no requirement that the damage suffered be continuous; one incident of damage may constitute an actionable nuisance. It is a question of fact whether an activity or structure constitutes a nuisance."

The real battle in any claim of nuisance has to do with the fact that second hand cigarette smoke in the circumstances you describe has never been labeled a nuisance before. You would be fighting an extremely uphill battle to have it declared as such.