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Claiming Injury Due to Noise from a Neighboring Property

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  • 06-02-2014, 02:33 AM
    kachibi
    Claiming Injury Due to Noise from a Neighboring Property
    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.
  • 06-02-2014, 02:41 AM
    Dogmatique
    Re: Private Nuisance, Public Nuisance and Negligence
    It's LCAT & Bar Exam season, innit?
  • 06-02-2014, 06:38 AM
    kachibi
    Re: Private Nuisance, Public Nuisance and Negligence
    Not really, it just came to my mind when I read information about Torts. I am just a self-learner in this respect.

    - - - Updated - - -

    Actually my questions are basically: for noise that causes headache or simply being unable to study an exam, is it a thing within public nuisance (if that person does not have an exclusive proprietary right in a, say, dorm) and negligence? It is because it seems to me that public nuisance deals with public functions more while negligence concerns more concrete and severe damages.
  • 06-02-2014, 07:16 AM
    cbg
    Re: Private Nuisance, Public Nuisance and Negligence
    How about the theme park was already there when Sally, Jack and Rebecca moved in and knew or should have known that there would be noise to deal with?
  • 06-02-2014, 07:51 AM
    kachibi
    Re: Private Nuisance, Public Nuisance and Negligence
    That would be "come to nuisance" which may reduce their lucus standi.

    Or first suppose they came before the setup of the park. My questions can simply be: 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?
  • 06-02-2014, 08:18 AM
    aaron
    Re: Private Nuisance, Public Nuisance and Negligence
    You didn't identify the U.S. state involved, so it's not possible for us to tell you the laws of that state. But you're not even in the U.S.
  • 06-02-2014, 09:21 AM
    kachibi
    Re: Private Nuisance, Public Nuisance and Negligence
    I think a state does not really matter for what I want to know since I just want to know the general knowledge about it.

    Well, actually, I am more interested in knowing the scopes of negligence and public nuisance in a general sense. I am just confused about whether a person can sue a party causing noise that affects his/her study (it is like an amenity thing in the private nuisance) in public nuisance and negligence other than private nuisance.

    And the same for the party's noise causing a person's headache.
  • 06-02-2014, 09:32 AM
    cbg
    Re: Private Nuisance, Public Nuisance and Negligence
    The state does matter since, at least in the US, there is no "general knowledge" that applies everywhere. State law can and does differ.
  • 06-02-2014, 10:30 AM
    Dogmatique
    Re: Private Nuisance, Public Nuisance and Negligence
    Quote:

    Quoting kachibi
    View Post
    I think a state does not really matter for what I want to know since I just want to know the general knowledge about it.

    Well, actually, I am more interested in knowing the scopes of negligence and public nuisance in a general sense. I am just confused about whether a person can sue a party causing noise that affects his/her study (it is like an amenity thing in the private nuisance) in public nuisance and negligence other than private nuisance.

    And the same for the party's noise causing a person's headache.



    No, seriously - your location matters.

    There is no "general" law. It will be State or country specific.
  • 06-02-2014, 11:15 AM
    cbg
    Re: Private Nuisance, Public Nuisance and Negligence
    He didn't like it when he was told the same thing "down the street", either.
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