A public nuisance is when a person unreasonably interferes with a right that the general public shares in common.
A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.
There are several defenses to this tort including contributory negligence, assumption of risk, coming to the nuisance, or statutory compliance.
The typical remedy for nuisance (either public or private) is damages. Courts may grant injunctive relief if the legal remedy is not adequate.
Definition from Nolo’s Plain-English Law Dictionary
Something that interferes with the use of property by being irritating, offensive, obstructive, or dangerous. Nuisances include a wide range of conditions, everything from a chemical plant's noxious odors to a neighbor's dog barking. The former would be a public nuisance, one affecting many people, while the other would be a private nuisance, limited to making your life difficult. Lawsuits may be brought to abate (remove or reduce) a nuisance. (See also: quiet enjoyment
, attractive nuisance
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:20 pm