Wednesday, December 26, 2012

MBE Fast Fact: Private Individual/Public Nuisance

Questions will arise as to when a private individual can sue for a public nuisance. Keep the following in mind when analyzing this issues:

A public nuisance is an act that unreasonably interferes with the health, safety, or convenience of the public. Although the state normally brings such an action, it is certainly possible for a private individual to sue on a theory of public nuisance.

But if a private individual chooses to do so, it's essential that the individual proves he/she suffered special damages above and beyond the ordinary damages suffered by the public. And that point has been the subject of quite a few MBE questions. In general, if a private individual sues on a theory of public nuisance, ensure that there has in fact been an interference as required to the public, and further that, in addition to that interference, there are damages unique to the plaintiff bringing the action.

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