If I have lupus and allergies to chemicals and my immune system is weak, can I do anything about my neighbor getting his lawn chemically sprayed?

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If I have lupus and allergies to chemicals and my immune system is weak, can I do anything about my neighbor getting his lawn chemically sprayed?

The company told me there is nothing I could do but when I called the number on its postcard, I was told these chemicals can cause cancer and were used in agent orange. I am worried about my health.

Asked on July 4, 2014 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, unfortunately, you can't do anything. The law lets you take action against "nuisances" created by neighbors, but a nuisance is an action, use, etc. which is not reasonable and appropriate for the location. Having your lawn chemically sprayed, however, is reasonable and appropriate; the fact that you may be unusually sensitive to the chemicals does not turn a common action into a nuisance--the law judges appropriateness by the average or "reasonable" standard, not by the standard of the most senstive person who may be affected--and therefore would not give you legal grounds to complain or take action.


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