A private nuisance lawsuit can be brought when there is an interference with a person’s interest in the use and enjoyment of his land. For example, if your neighbor plays his radio at 10 p.m. every night, it might be possible to bring a private nuisance claim against him.
To succeed in a private nuisance claim, the following has to be shown:
- Nuisance is continuous : The action that caused harm to you cannot be a single, isolated incident; it must be a continuous
- Unlawful : if you can show the defendant’s conduct was unreasonable, it will be considered unlawful
- Proof of damage : you must show some type of damage has occurred to your well-being or your property – also, you must show that the defendant should have known that the damage would have likely occurred
If you win a private 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 private nuisance lawsuit may not be the legal option to pursue.
If you are in a situation where you can bring a private nuisance claim, please consult an experienced property attorney. An experienced attorney will be able to assess your situation and inform you of the probability of success for a private nuisance claim.
If you are accused of being a private nuisance, please consult an experienced personal injury attorney to learn more about your rights, defenses, and the legal system. The damages that you might have to pay as a defendant can be quite large.