Nuisance and NIED

Question 1

NIED

Answer 1

-Defendant creates a foreseeable risk of physical injury to plaintiff
-Plaintiff is in the zone of danger
-Plaintiff suffers physical symptoms from the distress

Question 2

Bystander NIED

Answer 2

-Defendant negligently injures another
-Plaintiff suffers emotional distress
-Plaintiff and person injured are closely related
-Plaintiff was present and personally observed the event

Question 3

Nuisance

Answer 3

Private: Substantial, unreasonable interference with another private individual’s use or enjoyment of property.
-substantial = offensive to the average person, not based on hypersensitivities
-unreasonable = severity must outweigh the utility of defendant’s conduct

Public: An act that unreasonably interferes with the health, safety or property rights of the community.