QUESTION
What can I do about a neighbor who uses a smoker or bar-b-q (a lot) in the summer and the smoke and the smell gets in our home?
Asked on May 30th, 2013 on Personal Injury - Iowa
More details to this question:
We cannot use our cooler or open windows or even spend much time in our own yard while he is using the smoker. Even with the windows and doors shut and the cooler covered and shut off some smoke and nauseating smell still overwhelm us. We had to even leave several times last summer because the smoke and smell of lighter fluid was SO strong inside our home! Is there anything we can do?
8 ANSWERS
Ronald A. Steinberg
i suggest that you talk to a local lawyer. There is a concept called a "nuisance," in the law. For example, if I move into your subdivision and decide to start raising skunks, and their "aroma" starts to pollute the air, and since your ability to enjoy your home and grounds due to the "aroma," you could sue and ask the judge to grant an injunction which prevents the neighbor from doing that.
Answered on Jun 03rd, 2013 at 9:39 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Probably not. You are either super sensitive or exaggerating there is a lawsuit based on private nuisance but it would be expensive, slow and uncertain.
Answered on May 31st, 2013 at 12:15 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The only thing I can think of is sue him for a nuisance. However, you probably will not find an attorney to take such a case on a contingency fee, but will have to pay the attorney. However, if you win, you might get your money back. If he is running a commercial barbecue, you might want to check and see if he is violating zoning laws.
Answered on May 31st, 2013 at 9:36 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Talk to the guy. Theoretically, you could sue for an injunction, but that will antagonize him and confilict will go on and on. Invite him over for a barbecue yourself, make a nice bannana cream pie for dessert. Then when you are all nice and comfey, say "By the way, Joe is there some way you could place your smoker in a different spot? I'm sure you don't realize it, but the smoke comes in to our house and it gets to be too much of a good thing" Suggest he use denatured alcohol to get the charcoal started, it works well and has no odor.
Answered on May 31st, 2013 at 9:33 AM
James Eugene Hasser
That's a nuisance and a trespass. Ask your neighbor to move the smoker. If he won't do it, you may have to sue him in Small Claims. Good luck.
Answered on May 31st, 2013 at 2:52 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I am sure you have done this, but have you asked him to stop or to move the equipment? If so and he refuses, you may be able to get an injunction based on his creating a nuisance. It depends on zoning and other factors. You need to talk with an attorney about the specifics.
Answered on May 31st, 2013 at 2:46 AM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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Move to a neighborhood where the homes are spread out a little further.
Answered on May 30th, 2013 at 11:28 PM
Plain and simple it's a nuisance. You can call the police and have him cited.
Answered on May 30th, 2013 at 11:18 PM