Chicago Public Nuisance Lawyer - Article

Public Nuisance Tort

Common law, the very old set of legal principles upon which US law is based, acknowledges every person’s right to enjoy his or her own property in peace and safety. A public nuisance tort is a kind of lawsuit brought against anyone responsible for infringing upon this right.

Under US law, there are two kinds of public nuisance tort: a nuisance per se, and a nuisance in fact:

• Nuisance per se: This is an object, action or occupation that is legally considered to be a nuisance in any circumstance, by its very nature. Nuisance per se tort is very rare, are there are very few actions or objects fall into this category. This kind of case is decided by a judge.
• Nuisance in fact: This is when an object, action or occupation that might be reasonable in some circumstances is being used in a way, or to a degree, that is causing injury to people. Here “injury” can also include damage to private property. This kind of case is decided by a jury.

It is important to note that a public nuisance is not just anything that annoys or offends anybody. The action or object in question must cause injury to a degree that is beyond the normal annoyances of daily life and is determined, by a judge or jury, to be unacceptable. For example, barking dogs, crying babies and car alarms would not generally qualify as public nuisances, even though they are very annoying.

Anyone who has been injured by a public nuisance can file a lawsuit to be compensated for the damages they have suffered. A person who has merely been inconvenienced, but not injured, cannot.

If you think you may have grounds for a public nuisance tort, contact Chicago public nuisance tort attorneys Friedman & Bonebrake at 312-466-8200 to schedule a consultation.