Legal Definitions - absolute nuisance

An absolute nuisance refers to an activity or condition that is inherently dangerous or unlawful, creating an unavoidable risk of harm to others or their property, regardless of the precautions taken. It is often considered a nuisance per se (by itself) because the activity is wrongful in its very nature or location, rather than becoming wrongful due to negligence or the manner in which it is conducted. In such cases, the mere existence of the activity or condition is sufficient to establish a nuisance, and there is no need to prove that the creator acted carelessly or with malicious intent.

Here are some examples illustrating an absolute nuisance:

• Example 1: Unlicensed Storage of Explosives

  A company operates an unlicensed facility for storing highly volatile industrial explosives in the middle of a densely populated residential neighborhood. Even if the company implements every conceivable safety protocol, such as reinforced bunkers and advanced fire suppression systems, the inherent danger of storing such materials in that specific location makes it an absolute nuisance. The activity itself, due to its nature and placement, poses an unavoidable and extreme risk to the surrounding community, regardless of the care exercised.

• Example 2: Operating an Unregulated Toxic Waste Dump

  A landowner begins operating an unregulated and unpermitted toxic chemical waste disposal site directly adjacent to a public elementary school. The very act of handling and storing hazardous waste without proper authorization and safeguards in such a sensitive location constitutes an absolute nuisance. The inherent danger of potential leaks, spills, or contamination to the schoolchildren and nearby residents is undeniable and exists simply by virtue of the activity taking place there, irrespective of any specific negligent act.

• Example 3: Maintaining a Structurally Unsound Building

  A property owner maintains a large, abandoned building that is visibly dilapidated, with crumbling walls, a collapsing roof, and large sections of its facade threatening to detach. The building stands directly next to a busy public sidewalk and a popular park. The inherent danger posed by the imminent collapse of the structure, which could injure passersby or park visitors at any moment, makes it an absolute nuisance. The risk is unavoidable and arises from the dangerous condition of the property itself, rather than from any specific action or inaction by the owner at a particular time.