As members of the public, we enjoy certain general rights, such as access to safe roadways, clean, breathable air, and drinkable water. When someone or something infringes on these rights, they may be liable for causing a public nuisance. However, public nuisance has different characteristics compared to its private counterpart. It helps to know the difference between the two, and the instances where an individual or business may seek remedies or damages in public nuisance situations.
What Is a Public Nuisance?
A public nuisance occurs when a person or entity, including private businesses, cities, and towns, unreasonably interfere with a common right of the general public. The unreasonable interference could be a disturbance related to public safety, health, comfort, convenience, or it may disrupt the public peace so much that people find it impossible to assemble or carry out a public meeting. Displays of public nuisances may hinder someone’s ability to live their daily lives or, at their most basic level, prevent them from exercising their rights.
Who Can Sue for Public Nuisance?
In most cases, the correct party to seek relief for a public nuisance is a public official such as the Attorney General, not a private individual person or business (for example, a homeowner). This is true even if the private individual or business has suffered the same type of interference or harm to a greater extent or degree than the general public. However, it is well settled in Massachusetts law that in situations where conduct constitutes a public nuisance causes special damage (a unique harm) to an individual private person or business of a direct and substantial character is not suffered by the general public, private person or business may commence an action to recover for the injuries suffered.
In such a case the injury suffered by the private person or business is said to “differ in kind” rather than “degree” from that suffered by the general public. A private person or company who sustains special and direct harm because of a public nuisance created by a public entity potentially has a claim against the city, town, or village that created such a nuisance — however, this does not apply if the Commonwealth of Massachusetts creates the public nuisance, per sovereign immunity.
Examples of a Public Nuisance
A Public nuisance can take many forms but some of the most common public nuisance examples include the following:
- Obstructing a public way (streets, sidewalks, highway) with personal property such as a motor vehicle.
- Obstructing a watercourse that causes the water to flow onto a public way, such as blocking the flow of a river or stream, resulting in the flooding of a highway.
- A manufacturer polluting a river used by a town as a water source.
- An industry releasing fumes into the environment, which travels to nearby cities and towns.
- Factory constantly causing noise pollution that affects surrounding residential areas.
If you believe that a public nuisance case has harmed you, be sure to get in touch with the experienced public nuisance lawyers of Calabrese Law Associates in the Greater Boston Area, as soon as possible to get advice on how to proceed with recovering for the injuries you have suffered.
Elements of a Public Nuisance
There following elements are essential in proving a public nuisance case:
1. Wrongful Act
The defendant must have done, contributed to, or refrained from doing something that interferes with the peaceful enjoyment or health of the general public. Nuisance can arise in many forms, and may depend on the nature of the use of public land, the extent and frequency of the injury, and the effect of the injury on the general public — which the circumstances of the case will determine. It may be enough if the wrongful act disturbs the public, although there was no physical injury.
2. Unreasonable Interference
The defendant’s use of public land or property must be such that the interference with the claimant’s quiet use of land was foreseeable. The court may consider several factors, such as the character of the neighborhood, duration of nuisance, public benefit, claimant sensitivity, and defendant malice.
3. Affect a Right of the Common Public
The wrongul act or omission must interfere with the rights of the entire community, neighborhood, or any significant number of persons at a time, although the extent of damage or annoyance may differ from person to person.
Remedies for Public Nuisance
An injunction is the most common type of relief or remedy in public nuisance cases. This is where the court makes an order requiring the defendant to do or refrain from doing an act. The primary aim of an injunction in a public nuisance case is to stop the defendant from continuing the activity that infringes on the public right.
In other instances, the court may order the defendant to pay damages. The essence may be to compensate for the nuisance or repair any harm or damage caused. The court may also award special damages to individuals who experienced particularized harm different from what the members of the community encountered.
A public nuisance may also amount to criminal prosecution, for example, where the harm caused is severe or amounts to criminal conduct. In such cases, the offender may pay fines, serve a term of imprisonment, or both.
Defenses for Public Nuisance
A defense that may avail a party against whom an action for public nuisance is brought is statutory compliance — where legislation authorizes the defendant’s activity. Another possible defense might be where the act becomes statute-barred unless it amounts to a criminal offense.
If the defendant can also prove that an “act of god” caused the damage, they may be absolved from liability. For example, where the damage was caused by an unusual flood or earthquake which the defendant had no control over. Likewise, if a third party’s action was responsible for the injury, the defendant may have a defense.
How to Contact the Experienced Public Nuisance Lawyers at Calabrese Associates
You have a right to enjoy public space without the intrusion of outside annoyances. To keep public spaces as welcoming as possible, public nuisances should be addressed quickly to get rid of the problem and return the space to its proper use. You may have claim to recover for injuries suffered as a result of a public nuisance.
Calabrese Law Associates are experienced in advising clients on nuisance-related issues. The firm’s attorneys can talk with you about your rights and the most effective manner to proceed with seeking recovery at your convenience. Call us at 617-340-6623 or write us now.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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