Monday, September 24, 2012
MBE Fast Fact: Private Nuisance
As part of the plaintiff's claim of private nuisance, it must be proven that the plaintiff's use and enjoyment of his land was interfered with in a substantial way. Questions have turned on that word "substantial" so be sure to examine the facts carefully when making that determination. Watch out for the hypersensitive plaintiffs, because such plaintiffs will not be able to recover for nuisance unless the harm (assuming there is an harm) is the type that would affect the use and enjoyment of the land by a reasonable member of the community. This isn't always an easy determination to make, but the MBE will clue you in to the plaintiff's hypersensitivity, if that is the element being tested. Questions have gone as far as to describe the plaintiff as "abnormally sensitive" to that which he was complaining about, and those are exactly the kinds of words that you'll want to focus in on when deciding whether the claim is appropriate.