I have a Guy who lives directly behind who has been burning illegally for several now I have emails from our last Mayor dated for 2014 concerning this matter, I have also called the fire department reported numerous times, he has almost killed me once literally from repository arrest, not to mention several trips to the hospital for treatment that would not be needed if not for this illegal burning, and being on disability and medicaid/medicare it costs the state and fed gov a fairly good chuck of money
If there is a statute that is being violated one must wonder why the local authorities have not put a stop to it. You can bring a civil action for nuisance amongst other potential claims. Talk to a local lawyer and also consult with the ACLU.
If it was illegal burning, then your wife would have a good case for negligence per se against the person burning.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
If the guy made a fire that spread due to his negligence you would have a case against him and it should be covered by his homeowners coverage.
You should certainly consult with an experienced local attorney regarding your rights in this regard. My reaction (not legal advice) is that the neighbor is a better target than the city or local officials, but a lawyer that knows all the details and is familiar with the law in your state can better advise you. I hope your wife doesn't need to sue either one and that you live a long and healthy life.
You should be suing the neighbor and possibly the owner of the property if it is someone else, for nuisance, and an injunction against any burning that is against the law.
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