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3.9-27 Public Nuisance -
Intentional or Negligent
Revised to January 1, 2008
A public nuisance can be created
intentionally or negligently. A nuisance is created intentionally if the
creator of the condition intends the act that brings about the condition. It
does not mean that the creator intended a wrong, or intended an injury to occur,
or even intended to cause a nuisance, but merely that the one who created the
condition intended to act as (he/she) did.
If you find that a nuisance existed
and that the act that created it was an intentional one, then this is called an
absolute nuisance, and the creator of the nuisance is held strictly liable.
That means the creator cannot claim comparative negligence on the part of the
plaintiff as a defense, but must be fully responsible for any damages you find
were proximately caused by the nuisance.
If you find that a nuisance existed
and that it arose out of the creator's unintentional but negligent act -- that
is, the failure to exercise due care -- then the resulting nuisance is called a
negligent nuisance. That means that the creator is entitled to claim, and you
may consider whether, the plaintiff contributed through the plaintiff's own
negligence to the injuries (he/she) suffered.
Authority
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