Public Nuisance in Law

• Nuisance in law is an annoyance interfering with one's ability to conduct business in peace.
• The legal definition of actionable nuisance is narrower than the everyday understanding.
• Law distinguishes between public and private nuisance.

Public Nuisance

• Public nuisance involves harm or discomfort to the public or a substantial part of it.
• Can be both a crime and a tort, unlike private nuisance, which is always a tort.
• Not limited to interference with a landowner's use of their land, unlike private nuisance.
• Any person who suffers special damage beyond the general public can bring a tort action.
• Generally, the Attorney General or a public official brings action, rather than a private citizen.
• Requires a single action to initiate a lawsuit, unlike private nuisance which demands a continuing action.
• Example: Noxious fumes from Kingston wharf affected a large public portion, but workers at the Portmore Toll booth were hospitalized.
• The toll booth workers can sue because they suffered special damage compared to the general public affected.
• Landowners in the vicinity would not succeed in a private nuisance claim due to it being a one-time, short-lived event.

Private Nuisance

• Private nuisance is the unlawful indirect interference with a person's use and enjoyment of their land.
• Includes physical damage or injury (St Helen's Smelting Co. v Tipping) and interference with property access.
• Hall v Jamaica Omnibus Services Ltd.: Erecting a bus shelter too close to a wall, blocking access and advertising space, was deemed private nuisance.
• Includes substantial interference with land use, such as smell, fumes, smoke, and noise.
• Factors considered by the court:
  • Locality: Plaintiff may be unsuccessful if the area is generally smoky or noisy (St Helens Smelting Co. v Tipping).
  • Sensitivity of the plaintiff: No claim if plaintiff's land use is extra sensitive (Robinson v Kilvert).
  • Duration: The nuisance must be ongoing (BOLTON V STONE (1951)).
  • Malice: Deliberate actions to annoy the plaintiff can lead to a successful claim (Christie v Davy, Hollywood Silver Fox Farm v Emmett).
  • Social benefit of the defendant’s action: Socially useful actions are unlikely to be stopped (Miller v Jackson).
• Courts balance the interests of both parties.

Defenses to Private Nuisance

• Prescription: If the nuisance has occurred for over 20 years against the same plaintiff, the right to action is lost.
• Statutory Authority: If the state authorizes the nuisance-causing activity and it doesn't violate constitutional rights, the claim fails.
• Defenses of Public and Private Nuisance are not available to an action in public nuisance as it is regarded as a crime.

Remedies for the Plaintiff

• Damages: Compensation for injury, loss, or harm.
• Injunction: Court order to stop the nuisance activity.
• Abatement: Self-help to end the nuisance, like cutting overhanging branches, but avoid trespassing on the defendant's land without notice.