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Turn off your cell phone when you get home or I'm suing you


Likwid

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legally, i don't think he has a leg to stand on, but a jury might be sympathetic; especially a jury comprised of older individuals who, 1) probably won't understand why a computer or iPhone needs to be on 24/7, and 2) may have health problems themselves, or neighbors who annoy them in some similar capacity.

I think it's an unfortunate situation for the plaintiff, but I don't foresee any 'fair' solution for him.

what if the Plaintiff had severe asthma, and the Defendant smoked in her back yard, right near the AC intake for the plaintiff's home?

in that case, her actions are unnecessarily aggravating his medical condition, just like her phone. (not a perfect analogy, but the best I can come up with on the fly) Couldn't the court reasonable rule that smoking in that particular place is unnecessary, and preclude the defendant from smoking in close proximity to the Plaintiff's home?

is a cell-phone an "essential service" when land-lines are a completely viable option? I don't think you can possibly argue that dimmer-switches or florescent bulbs are essential either.

I'll concede that the plaintiff is asking a lot of his neighbor, but I wouldn't be shocked if a jury found the requests reasonable, given the circumstances of his legitimate medical condition. An expert witness could definitely sway a jury.

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I suppose I should be proud that I live in a country where people can file these cases, but I'm disapointed that people are this dumb and/or just trying to make a buck.

If I was this guys neighbor I'd be so uber pissed they even filed it... I wouldn't be their favorite neighbor for sure

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Well yah, I was going to say something like that but I wanted to be nice... ish.

I'd have Wi-Fi boosters, mini GSM towers, repeaters, satellite radio, all my lights at 50% with a dimmer, running the microwave and talking on the cell phone right on the property line outside....

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so what would you do if you suffered from EMS, and someone moved in next-door with an arsenal of electronic equipment?

move?

faraday cage?

go all Dr. Evil and invent some grand scheme to disable all electrical power on your block?

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Yeah Faraday cage, have your insurance cover it. That would be a tough sell, but a heck of a lot easier to settle with your insurance co than this stupid lawsuit. But above all else, if he's so sensitive he would live in a more secluded area. The wiki page says he's been aware of his "condition" for a LONG time.

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so what would you do if you suffered from EMS, and someone moved in next-door with an arsenal of electronic equipment?

move?

faraday cage?

go all Dr. Evil and invent some grand scheme to disable all electrical power on your block?

I'd make up my own disease that I would claim makes it impossible for me to be comfortable UNLESS I have a lot of electronic devices running..

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let's assume the disease is legit. I see no reason for the guy to fabricate the disease. What's in it for him?

(furthermore, I've heard of this before on talk radio. That's not to say radio=true, but this guy didn't make it up)

moving to the country would probably be my move as well, but if insurance and the courts consider this a preexisting condition, should he have to move? he lived there first?

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let's assume the disease is legit. I see no reason for the guy to fabricate the disease. What's in it for him?

(furthermore, I've heard of this before on talk radio. That's not to say radio=true, but this guy didn't make it up)

moving to the country would probably be my move as well, but if insurance and the courts consider this a preexisting condition, should he have to move? he lived there first?

If you have a preexisting condition that prohibits you from any sort of car exhaust, and the city around you grows and grows and grows and then the city decides it needs to put a street near your house you don't get to say "NO! the world around me needs to stop!"...

The only way is if HE buys land.... and even then if the city decides it needs it, it will take it.

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i dont see where its anyone elses responsibility to see that this guy is comfortable but his own, especially since he has known about it for so long. and even if it were new to him, why is it my responsibiliy to hamper my use of technology so that he can be comfortable? the point is, his well-being is in his control. this country is large enough for him to find a place that suits him.......but i digress, god forbid he be caused any inconvenience.

anyway...

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It's the same thing as someone saying "I'm atheist and the next door neighbor put up a 'I love Satan' sign on their yard! It offends me, make them take it down!"

how is that the same?

we're assuming that this guy has a legitimate medical condition that is aggrevated by his neighbor's activities.

I'm not disagreeing that the guy is a whiney douche - just playing devil's advocate.

Edited by redkow97
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i dont see where its anyone elses responsibility to see that this guy is comfortable but his own, especially since he has known about it for so long.

If i'm the plaintiff's attorney, I would say, "my client doesn't expect anyone to ensure his comfort, but the defendant should be obligated not to take unnecessary measures that increase my client's discomfort."

You could even argue that she's harassing the plaintiff. (tenuous, but possible)

an iPhone and dimmer switches aren't essential to her existence - it's not like he's asking her to turn off her heat or water. there are viable alternatives to the devices she's using that wouldn't irritate the plaintiff's condition as much.

Is it a "right" to be able to use an iPhone in your house if it's hurting your neighbors? How is that different than blaring loud techno music 24/7?

It wouldn't surprise me if we see "electromagnetic pollution" legislation in our lifetime.

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how is that the same?

we're assuming that this guy has a legitimate medical condition that is aggrevated by his neighbor's activities.

I'm not disagreeing that the guy is a whiney douche - just playing devil's advocate.

Legitamate medical conditions include stress and anxiety. While proving mental anguish is certainly more difficult than proving physical pain in terms of a juror being able to relate, it is no less real.

To your second post, yes, putting up a sign would be equal to INCREASING their discomfort, it is no less a freedom of speach or rights of a private property owner. Hell, look at the examples of people flying Nazi/Rebel/Upside down flags (last one is a bad example because of flag laws) but other cases still apply.

All I'm saying is, unless you're throwing rocks from your house at your neighbor, you're not responsible if you running your microwave causes their pacemaker to jump.

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Yeah' date=' if there are more people like you in the population. :rolleyes:[/quote']

did I not just say that I disagree with the guy?

I just don't think it's that different than 'noise pollution' or 'light pollution' laws that already exist.

The law wouldn't preclude you from using devices that emit electromagnetic fields, it would just require you to keep those fields contained to your property, just like sound and lighting.

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