A nuisance is something that causes an annoyance. If a nuisance causes problems to the general public, it’s classified as a public nuisance. If on the other hand, a nuisance interferes with the right of specific person or entity, it is considered a private nuisance.

The tort of private nuisance protects a person’s right to use and enjoy his or her property. A few examples of private nuisances are:

Vibration, Pollution of a stream or soil, Smoke, Foul odors, Excessive light, or Loud noises

Private nuisance lawsuits typically arise between neighbors, with one property owner being negatively affected by the acts of his or her neighbor.

A private nuisance is a non-trespassory interference with an individual plaintiff’s use or enjoyment of his property. In order for an action for private nuisance to be viable three elements must be in place.

1) The plaintiff must own the land or have a right to possess it.
2) The defendant must have actually performed an act that interferes with the plaintiff’s use and enjoyment of the property.
3) The defendant’s act must cause an interference with the plaintiff’s use and enjoyment of the property that is substantial and unreasonable.

Punishment

Because a private nuisance is considered a civil matter, courts will weigh certain factors when determining a defendant’s accountability: the defendant’s fault in the matter, if any; whether the defendant has posed a substantial interference with the plaintiff’s quality of life; and the reasonableness of the defendant’s behavior.

Finding Fault

To find fault, a court must decide whether a defendant intentionally, recklessly, or negligently restricted the plaintiff’s use and enjoyment of his property. Else, fault can be found if the defendant continued behaving offensively even after learning that his conduct was harmful or posed a significant risk of harm to the plaintiff. An example of fault would be a defendant who continued to allow his dog to bark all night after the plaintiff went over and talked to him about it.

As with most other torts, there is an element of causation in nuisance causes of action. For intentional nuisances, the defendant’s action must be the cause of the plaintiff’s harm. For nuisances in negligence or strict liability, the defendant’s action must be both the actual and proximate cause of the plaintiff’s injuries.

Substantial Interference

In an attempt to not waste the courts’ time, it must be shown that a defendant’s substantial interference with a plaintiff’s enjoyment of his own property is a substantial interference, rather than a petty annoyance. It is easier to determine substantial interference when someone’s physical property is affected.

Much harder is proving substantial interference insofar as an annoyance or inconvenience. To determine substantial interference, courts will measure the level of annoyance with that of the normal sensitivity and temperament of a reasonable person. If the plaintiff is overly sensitive, his lawsuit may not survive.

Reasonableness of Claim

If the court finds substantial interference has occurred, it must then determine whether it is reasonable for the plaintiff to bear the interference, or to bear it without compensation. In this case, courts will weigh the interests of both parties. The nature and gravity of the harm at issue is balanced against the burden the defendant bears in preventing the harm from occurring in the future. Factors to be considered here include:

• Nature of the harm caused
• Extent and duration of the disturbance
• Motivation of the defendant
• Feasibility of the defendant mitigating or stopping the harm

Nuisance Remedies

Remedies for nuisance cases are typically monetary damages. An injunction may also be ordered, depending on the circumstances. In public nuisance cases, a fine or sentence may also be imposed in addition to an injunction.

A plaintiff who wins a private nuisance lawsuit will most likely get damages. The importance is that you will be compensated for having to put up with the nuisance. However, if you want to stop the nuisance instead, a private nuisance lawsuit may not be the legal option to pursue.

Need Help With A Nuisance Lawsuit?

If you are in a situation where you can bring a private nuisance claim, please consult one of our experienced property attorneys. An experienced attorney will be able to assess your situation and inform you of the probability of success for a private nuisance claim.

If you are accused of being a private nuisance, you may wish to consult with an experienced attorney to learn more about your rights, defenses, and the legal system. The damages that you might have to pay as a defendant can be quite large.

Contact us for a free evaluation of your nuisance issue!