Consultation high score! Upstairs is smoked by my stove! Who is in charge?

First of all, if the other party wants to claim responsibility from you, you need to prove:

1. His house was blackened by your stove. This burden of proof is mainly about the causal relationship of infringement;

2. You need to prove that your house is blackened and you are not at fault, including whether the windows are closed tightly. At the same time, it is also necessary to prove that your family did not properly handle the furnace smoke when burning coal for heating, and did not fulfill the duty of care such as increasing the length of the chimney and avoiding the upstairs house from being blackened by the furnace smoke, so there is a fault. This burden of proof is mainly about the fault liability of infringement and the proportion of fault liability.

3. It is necessary to prove how much the house has suffered from the smoke from the stove, and the amount of the loss must be appraised by a professional appraisal agency.

Failing to prove the above three aspects, it is difficult for the other party to win even if it goes to court.

As for who is responsible, it's hard to say from your statement alone. At first glance, if your family burns coal and fails to properly handle the furnace smoke, which causes the furnace smoke to float into the upstairs house and blacken its walls, you should bear certain liability for compensation. If your family has paid attention to the treatment of furnace smoke emission, his house is normal and old, even if there is a furnace smoke problem, it is an objective force majeure and you don't have to bear the responsibility.

This kind of dispute belongs to the adjacent relationship dispute, and more should be solved through mediation. The issue of compensation should be coordinated and determined according to the specific situation.

If negotiation fails, the other party can bring a lawsuit to the court and actively respond to the lawsuit, and defend and claim exemption according to the actual situation around the above three aspects.