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by Strong Eagle » Tue, 11 Jan 2011 11:38 am
Aside from all the other comments, snide and otherwise, were you to attempt to file a lawsuit for damages, I believe you would have a very high hurdle for the following reasons.
a) You would need to prove that the smoke was entering your premises for the duration of your wife's pregnancy. Unless you have video, a smoke sniffer, or multiple witnesses willing to testify that there was smoke in the apartment, you can't pass this first hurdle.
b) Next, you must prove that the smoke actually came from your neighbor that you want to sue, and not some other source. Again, unless you have video of smoke pouring out of his window and into yours for the duration of your wife's pregnancy, you can't pass this second hurdle.
c) Next, you must prove that the smoke was the cause of your baby's problems. While there are lots of studies that show second hand smoke is harmful, you will be hard pressed to find sufficient evidence to link your baby's condition with second hand smoke, particularly as it will be necessary for you to prove up that the smoke affected your wife in such a way that it affected the baby. And if you have no medical records and/or regular check ups that shows anomalies in your wife's health during pregnancy, then you won't be able to pass this third hurdle.
d) Then, you will need to defend yourself against defense allegations that the baby's issues were either genetic or due to your wife's failure to exercise proper care while pregnant. Tell me how you will defend this? tell me how you will prove up that your wife didn't go out drinking every night.
e) Finally, if you were to actually win, you might find that the person you sued is judgment proof because they don't have any money. You spend a ton of money on lawyers, you win a big judgment and you find out he has $4,000 in the bank. No judgment and you pay your own attorney fees.
Bottom line: You don't have an airtight case, and even if you did, you have by no means demonstrated that you would get paid if you won.