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Can you sue your neighbor if smoke comes in your house you live in Philadelphia row homes and you have a child and you have allergies and sinus problems?
Nonsmoker
First, you need to notify your neighbor of the problem-a brief word would be enough (note the date and conversation this was done). If this persisted you would need to notify your neighbor again-with a certified letter to cease and desist and record all instances and effects of smoke. If the problem was persistent and excessive you would need to document all instances-preferably with a video camera and record the ill-effects to the child (records of any doctors visit). Only then would you have a case strong enough to be tried in court. It would not be sufficient to have one or two instances over a period of months, it would need to be a constant, persistent problem. A weekly barbecue wouldn't be enough. All in all, this seems a case that is easily solved by talking to the neighbor. If the neighbor could warn you of smoke in advance and allow you to insulate your house this is sufficient. Again, it is a case of how big and how often this is occurring. Sadly, a barbecue is something you may have to live with.
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