Public Nuisance a Crime, as per law the legal definition of “Nuisance” is an activity or physical condition that is indecent or offensive to the senses, or interferes with another person’s reasonable use and enjoyment of life or property.
In English Criminal Law, public nuisance is a class of common Law Offence in which the injury, loss, or damage is suffered by the public, in general, rather than an individual, in particular.
What are the Types of Nuisance?
There are two main types of nuisance which your business can cause: common law nuisance. statutory nuisance.
What are Statutory Nuisances?
noise and vibration.
smoke, fumes or gases.
waste deposits, for example with the risk of vermin.
poor state of premises.
Public Nuisance Elements
Public Nuisance a Crime, to be liable for public nuisance, the defendant must have interfered with public property, or with a right common to the public. Examples of public nuisance include pollution of navigable waterways, interfering with the use of public parks and the creation of public health hazards.
Ingredients of Public Nuisance
To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, (2) that the interference is with a public right and (3) that the defendant’s interference is substantial and unreasonable.