Who is liable for nuisance

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Terminating contracts. The doctrine of res judicata. Tort and negligence. Transferring contracts and rights of third parties. Sign-in Help. Nuisance—what are public and private nuisance claims? Practice notes. The following Dispute Resolution practice note provides comprehensive and up to date legal information covering: Nuisance—what are public and private nuisance claims? Definition of nuisance Public nuisance—what is it? Private nuisance—what is it?

Damages Potential defences to liability under 'the rule in Rylands v Fletcher' Can public and private nuisance claims be brought in the alternative? Nuisance claims—further practical guidance Less Access this content for free with a trial of LexisPSL and benefit from: Instant clarification on points of law Smart search Workflow tools 36 practice areas.

Back Step 1 of 2 Basic information. Step 1 Step 2 Name. The sheer number of people affected doesn't transform a private nuisance into a public one—rather, the public must be affected in a manner specifically prohibited by your city's or state's laws. In general, public nuisances threaten a community's health, safety, or overall welfare.

Common types of public nuisance include pollution, drug activity, explosives storage, and possession of dangerous animals. Property owners can be liable for both public and private nuisances that originate from their property—even if the nuisance is created by someone other than the owner, such as a tenant.

Individuals harmed by a private nuisance may sue the offending property owner for damages caused by the activity , such as medical bills , loss of property value, or the cost of repairs. They may also request the court to issue an injunction—an order telling the property owner to put an end to the nuisance.

Under most public nuisance laws, on the other hand, individuals cannot seek to stop the activity, unless an exception under state or local law applies. Often, though, public nuisance laws allow individuals who are harmed in a manner that is different from the harm suffered by the public at large to sue for damages. Due to the nature of public nuisances, under most laws, only a public agency can sue to stop the activity.

In some areas, certain public nuisances are classified as criminal offenses , meaning that a city attorney or other public official may pursue criminal charges and penalties.

If you need assistance with a public or private nuisance claim, a local real estate attorney can help you understand the nuisance laws where you live. Browse All Personal Injury Topics ».

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Therefore, the key factor determining the liability of an owner or occupant is the control over the land, rather than the creation of a nuisance. Generally, consequences resulting from the continuance of a nuisance must be answered by persons who have the responsibility to abate a nuisance. However, no person can be held liable for a nuisance that cannot be personally abated without any legal action against another[viii].

Similarly, a person who adopts and continues a previously existing nuisance will be liable for its continued maintenance. In order to impose liability for the continued maintenance, there must be some active participation in the continuance of the nuisance or some positive act evidencing its adoption[x]. A mere failure to remove a nuisance erected by another will not constitute a continuous maintenance of a nuisance to subject one to liability[xi].

Hence, a lessor who had a duty to take positive action can be held liable for a failure to act to prevent or abate a nuisance. The fact that a contractual relationship exists between the tenant and landlord will not take away from the nuisance liability of a lessor or sublessor[xii].

Just like a private individual, a public or a private corporation is also liable for the creation or maintenance of a nuisance either by themselves or through their agents.

However, a corporation acting solely through an officer will be guilty of committing a nuisance only in situations where such officer was guilty of the offense. Likewise, a corporation will not be held liable if the statute alleged to have been violated imposes liability only on corporate officers or employees individually. Eastern Federal Corp. Home Information. Find Attorney.