Public Nuisance

A public nuisance is a tort that involves a person's conduct infringing on the capacity of others to enjoy land, property, or resources. In the event of a public nuisance, a lawsuit may be filed against the offender and the plaintiff will be able to receive compensation for the loss of rights inflicted by the offender's actions. In order for a nuisance to be public, rather than private, it must affect more than one person. It should, in some way, have a negative effect on the community instead of one or a few individuals. However, the difference between a public and private nuisance is not defined by an exact number or effect; it is to be decided at the discretion of the jury. These are common examples of nuisances that are likely to be decided public nuisances: a hall that produced loud sounds heard throughout a neighborhood, a factory spreading toxic fumes throughout the area, or a vehicle left in a neighborhood road unattended and without reason that impedes traffic.

Fast Facts

  • nuisances that only affect a single person are called private nuisances

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