Nuisance Flashcards
What is a Public Nuisance?
A public nuisance is an act that unreasonably interferes with the health, safety or property rights of the community, or violates a statute, ordinance or regulation. A public nuisance action may be brought by a public agency, or a private person who suffers harm that is different in kind than the harm suffered by the public generally.
What is a Private Nuisance?
A private nuisance is a substantial and unreasonable interference with another individual’s use and enjoyment of property. An interference is substantial where it is offensive, inconvenient or annoying to the average person in the community—an overly sensitive plaintiff is insufficient. An interference is unreasonable where the severity of the inflicted injury outweighs the utility of the defendant’s conduct.
