What is a Public Nuisance?
A public nuisance lawsuit can be brought whenever there is an unreasonable interference with the health, safety, peace, or comfort of the general public. For example, a that church allows homeless people to sleep outside their church at night. If your community is close by and you feel that the homeless may be a threat to your safety, bringing a public nuisance claim is a possibility. What are the Requirements to Bring a Public Nuisance Lawsuit?
You must prove that the defendant caused an unreasonable interference with the health, safety, peace, or comfort of the general public. This may require the person who commenced the lawsuit to have suffered damage over and above other members of the public. This seems ironic since a public nuisance lawsuit is brought on behalf of the public. However, it is legally required to succeed in a public nuisance claim. What Relief Will I Get by Bringing a Public Nuisance Lawsuit?
If you win a public nuisance lawsuit, you will most likely get damages. The importance is that you will be compensated for having to put up with the nuisance. However, if you want to stop the nuisance instead, a public nuisance lawsuit may not be the legal option to pursue. Should I Contact an Attorney?
If you think that you have a situation where you can bring a public nuisance claim, please consult an experienced attorney. An experienced attorney will be able to assess your situation and inform you of the possibility that a public nuisance claim will succeed. If you are being sued under a public nuisance theory, the burden is on you to prove it was not your fault. If you are found guilty, the damages you might have to pay can be a large amount of money. It would be a good idea to consult an experienced attorney to learn more about your rights, defenses, and the legal system. |
