Legal Definitions - common nuisance

A common nuisance, also frequently referred to as a public nuisance, describes an act or condition that unreasonably interferes with the health, safety, peace, comfort, or convenience of the general public or a significant segment of a community. Unlike a private nuisance, which affects only one or a few individuals, a common nuisance impacts the rights and enjoyment of many people within a shared space or environment.

Here are some examples illustrating a common nuisance:

• Example 1: Uncontrolled Waste Disposal

  Imagine a large industrial facility that consistently discharges untreated chemical waste into a public river, making the water unsafe for swimming, fishing, and recreational activities for all residents living downstream. The fumes from the discharge also cause respiratory issues for people in nearby neighborhoods.

  This illustrates a common nuisance because the factory's actions unreasonably interfere with the public's health (respiratory issues, unsafe water) and their ability to safely enjoy public resources (the river) and their community, affecting a broad group of people rather than just one or two individuals.

• Example 2: Persistent Noise Pollution

  Consider a commercial establishment, such as a bar or nightclub, that regularly plays extremely loud music late into the night, several nights a week. The excessive noise prevents dozens of residents in the surrounding residential area from sleeping, causing widespread disturbance and affecting their peace and quiet.

  This demonstrates a common nuisance because the establishment's persistent, excessive noise unreasonably interferes with the peace, comfort, and convenience of a significant portion of the community, disrupting their ability to rest and enjoy their homes.

• Example 3: Obstructed Public Pathways

  A construction company undertaking a major renovation project on a building leaves large piles of debris, equipment, and materials scattered across a public sidewalk and partially into the street for several weeks without adequate safety barriers or alternative pedestrian routes. This forces pedestrians, including those with strollers or wheelchairs, to walk into the busy street to get around the obstruction, creating a dangerous situation for many passersby.

  This exemplifies a common nuisance because the construction company's actions unreasonably interfere with the public's safety (forcing pedestrians into traffic) and convenience (blocking public pathways), impacting anyone who needs to use that sidewalk or street.