Philadelphia Personal Injury Lawyer

Nuisance

Being involved in a nuisance lawsuit, either as a plaintiff or defendant, can be an unpleasant experience. It is important to understand firstly, what type of nuisance is being committed, and secondly, what constitutes a nuisance.

There are two types of nuisances: private and public. Private nuisances occur when the actions of another prevent someone from receiving the full use and enjoyment of their property. A public nuisance, on the other hand, affects and endangers the health, safety, or comfort of numerous people.

For a nuisance claim to succeed, the behavior must be a repeated occurrence. A one-time action, no matter how egregious, cannot be considered a nuisance except in the most extreme circumstances. Additionally, there must be specific, identifiable damages. Aesthetic issues, such as an “ugly house”, are typically not considered nuisances unless it can be objectively proven that damages are occurring, such as decreased property value.

Finally, the nuisance cannot be already established prior to your ownership of the property. If, for example, you move next door to a manufacturing plant that was established decades ago, you cannot usually seek compensation.

If you are considering filing a nuisance claim, it is important to keep records of repeated occurrences of an incident, along with any evidence of actual damages that may occur. You should also contact an experienced lawyer to assist you with the process.

This article is not intended to serve as, or as a replacement for, legal advice. If you have any questions related to public or private nuisances, contact the Philadelphia personal injury lawyer of Lowenthal & Abrams, P.C. at 215-238-1130.