Is your neighbor engaging in some activity that makes it difficult for you to enjoy your home or business? Then you may have grounds for a personal injury claim known as a nuisance. What is a nuisance, and who can sue for it? Perhaps just as importantly, what does not constitute a nuisance for legal purposes? Here's a short guide to both public and private nuisances. 

What Is a Private Nuisance?

In civil law, a nuisance is an activity or condition that interferes with another person's lawful enjoyment of their own property. A private nuisance affects a small number of other property owners. It is often not something that is specifically illegal, including things like barking dogs, loud music, or offensive odors. 

In general, the nuisance must be something that would be offensive to ordinary laypersons in your circumstances. It also must serve little or no social purpose. 

What Can You Sue For?

There are two basic types of remedy that a plaintiff might seek through a civil lawsuit. Most people who deal with a noisy neighbor or one whose home is attracting pests would just like the problem to stop. You can request a court judgment ordering the defendant to cease doing something (an injunction) or to fix the problem (abatement).

In other situations, you may seek financial compensation instead. Perhaps the problem has created such emotional harm in your life that simply stopping it or even moving away isn't enough for you. You might then seek financial damages and even punitive damages, which punish the offender rather than compensate for actual losses. 

What Is a Public Nuisance?

The category of public nuisance refers to a nuisance that affects the community as a whole. A neighbor who is making drugs next door, who owns a dangerous animal, or whose business emits toxic chemicals into the air harm the entire area, not just one person. 

Who Can Sue?

Unfortunately, public nuisances may have to be remedied by public agencies. Even though they affect you, the city, county, or state may have to take action. However, their activity might also constitute a crime, so stopping it may be easier than through civil court. 

The good news is that you may still have one way to sue over a public nuisance. The laws of many areas allow an individual to sue over a public nuisance if they were harmed in a different way than other members of the community. If your neighbor dumps some of those toxic chemicals directly onto your land, you could argue that you were harmed in a unique — and compensable — way. 

Where to Learn More

Could a neighbor or nearby business be a public or private nuisance? What rights do you have and how can personal injury law help protect them? Learn more by meeting with a qualified attorney in your state today. For more information, contact a personal injury lawyer near you.