Difference between Private Nuisance, Public Nuisance and Negligence

[kachibi]

I wonder which kind(s) of tort (here I only concern private nuisance, public nuisance and negligence) can be related to the following situations. Suppose the context is that there is a theme park which causes noise:

1) Sally lives nearby and complains that the noise makes her unable to sleep during the day. << Surely private nuisance is not applicable here because of abnormal sensitivity. But how about public nuisance (if Sally does not have an exclusive property right in where she resides) and negligence? Do the latter two work in this case which concerns only about noise that affects sleeping during the day?

2) Jack suffered serious headaches caused by the noise.<< is medical condition (I don't think it is an injury anyway) related to private nuisance? If not, is it a thing in public nuisance or negligence (the latter two usually involve personal INJURIES).

3) Rebecca complains that the noise made her unable to study in a house owned by her friend (so Rebecca does not have exclusive proprietary right here and hence private nuisance is not applicable). But can she sue the theme park in public nuisance and negligence?

4) A general question: we all know 1 kind of private nuisance is related to interference to one's comfort using his/her land. But how about public nuisance and negligence? Are they related to this kind of intangible harm thing i.e. noise, sickness, discomfort, etc.? It is because in my knowledge, the latter two seem to be related to more direct/ severe damage e.g. property, injury, economic loss, etc.

Thank you very much.

 

[Ohiogal]

I wonder which kind(s) of tort (here I only concern private nuisance, public nuisance and negligence) can be related to the following situations. Suppose the context is that there is a theme park which causes noise:

1) Sally lives nearby and complains that the noise makes her unable to sleep during the day. << Surely private nuisance is not applicable here because of abnormal sensitivity. But how about public nuisance (if Sally does not have an exclusive property right in where she resides) and negligence? Do the latter two work in this case which concerns only about noise that affects sleeping during the day?

2) Jack suffered serious headaches caused by the noise.<< is medical condition (I don't think it is an injury anyway) related to private nuisance? If not, is it a thing in public nuisance or negligence (the latter two usually involve personal INJURIES).

3) Rebecca complains that the noise made her unable to study in a house owned by her friend (so Rebecca does not have exclusive proprietary right here and hence private nuisance is not applicable). But can she sue the theme park in public nuisance and negligence?

4) A general question: we all know 1 kind of private nuisance is related to interference to one's comfort using his/her land. But how about public nuisance and negligence? Are they related to this kind of intangible harm thing i.e. noise, sickness, discomfort, etc.? It is because in my knowledge, the latter two seem to be related to more direct/ severe damage e.g. property, injury, economic loss, etc.

Thank you very much.

Your teacher would be highly unhappy and disappointed that you want others to do your homework for you. Time to show teacher what you learned all year by answering these yourself.

 

[FlyingRon]

Here's a dime. Go call your mother and tell her there are serious doubts about you becoming a lawyer.

 

[kachibi]

No, I am not a law student. I am just a self-learner (I am a social worker instead). Actually, my questions are basically: do negligence and public nuisance work on claims against a party which causes noise that discomfort the plaintiff (such less serious harm)? Or this is an exclusive area for private nuisance?

And we always talk about physical injuries. Do they include headache?

 

[Ohiogal]

No, I am not a law student. I am just a self-learner (I am a social worker instead). Actually, my questions are basically: do negligence and public nuisance work on claims against a party which causes noise that discomfort the plaintiff (such less serious harm)? Or this is an exclusive area for private nuisance?

And we always talk about physical injuries. Do they include headache?

A) You are in over your head since you cannot even answer the primary question of "What state?"
B) What is the exact issue as we don't deal with hypotheticals?

 

[kachibi]

A) You are in over your head since you cannot even answer the primary question of "What state?"
B) What is the exact issue as we don't deal with hypotheticals?

Let me ask my questions in another way:

Do public negligence and negligence concern small things like noise causing trouble studying and medical conditions like headaches. I think they seem private nuisance things only.

And law-wise, is "headache" a kind of personal injury?

 

[Ohiogal]

Let me ask my questions in another way:

Do public negligence and negligence concern small things like noise causing trouble studying and medical conditions like headaches. I think they seem private nuisance things only.

And law-wise, is "headache" a kind of personal injury?

Let me repeat myself:

A) You are in over your head since you cannot even answer the primary question of "What state?"
B) What is the exact issue as we don't deal with hypotheticals?

And again:
A) You are in over your head since you cannot even answer the primary question of "What state?"
B) What is the exact issue as we don't deal with hypotheticals?

And again:
A) You are in over your head since you cannot even answer the primary question of "What state?"
B) What is the exact issue as we don't deal with hypotheticals?

Start with that.

But if the theme park is doing this, that is on you. MOVE. You don't get to claim a theme park is bothering you with its noise when that is something you KNEW was there.

 

[CdwJava]

Since the neighbors to the amusement park almost certainly moved into their respective residences, any problems caused by the noise of the amusement park would generally be their own problem.

 

[quincy]

Since the neighbors to the amusement park almost certainly moved into their respective residences, any problems caused by the noise of the amusement park would generally be their own problem.

The state (and decisions made in that state) can matter. I guess that is why it is asked of all posters that they provide the name of their state.

Offhand I can think of both an airport-noise case and a farm-smell case out of Michigan, for example, that relate to the questions posed here.

 

[kachibi]

How about if this case happens in the United Kingdom?

And sure "came to nuisance" applies if the residents existed after the set-up of the park. But how about the reverse situation?

 

[quincy]

How about if this case happens in the United Kingdom?

And sure "came to nuisance" applies if the residents existed after the set-up of the park. But how about the reverse situation?

If this concerns a matter in the United Kingdom, I imagine we would all tell you that FreeAdvice is a forum that handles U.S. law questions only.

 

[kachibi]

If this concerns a matter in the United Kingdom, I imagine we would all tell you that FreeAdvice is a forum that handles U.S. law questions only.

Actually I just need to know the laws in a general sense. Not a state-specific one. I am just confused about the scopes of private nuisance, public nuisance and negligence as shown in my very question.

 

[Ohiogal]

Actually I just need to know the laws in a general sense. Not a state-specific one. I am just confused about the scopes of private nuisance, public nuisance and negligence as shown in my very question.

NO SUCH THING. Good grief. Every state has different laws. The UK is not a state in the US. This is not a US issue. You are in the UK.

 

[Zigner]

Actually I just need to know the laws in a general sense. Not a state-specific one. I am just confused about the scopes of private nuisance, public nuisance and negligence as shown in my very question.

Generally, the law says that you cannot exceed the posted speed limits.
Generally, the law says that you cannot steal.
Generally, the law says that you can't murder.


General enough?





Oh, and lest I forget to reinforce it: US LAW ONLY!

 

[quincy]

Actually I just need to know the laws in a general sense. Not a state-specific one. I am just confused about the scopes of private nuisance, public nuisance and negligence as shown in my very question.

Laws vary in significant ways, not only between the states in the U.S. but especially between the countries of the world. It is very hard to get a "general sense" of the law in the U.K. by having a U.S. forum answer your questions based on U.S. law.

You might want to look for a forum in the U.K., or, if this is a real legal concern of yours and not a hypothetical, I suggest you consult with an attorney in your area.

Good luck with your search and research, kachibi.