History of the Connecticut Judicial Seal Home Home BannerBanner


 

 

 

 

 

   

3.9-23  Private Nuisance - Damages

Revised to January 1, 2008

General
As damages for a private nuisance, the plaintiff is entitled to recover such out-of-pocket expenses as were proximately caused by the nuisance.  The plaintiff is also entitled to recover damages for physical discomfort and annoyance.

Measure of damages - temporary v. permanent nuisance
While one element of nuisance is that the condition was a continuing one, there is no requirement that the condition last forever.  Thus a nuisance may be temporary or permanent.

A permanent nuisance is one which inflicts a permanent injury upon real estate.  If you find that this was a permanent nuisance, in addition to recovering any out-of-pocket expenses and recovering damages for physical discomfort and annoyance, the plaintiff is also entitled to recover for the depreciation in the value of the injured property.

A temporary nuisance is one that inflicts no permanent injury on the real estate but rather creates a temporary interference with the use and enjoyment of the property by the plaintiff.  If you find that this was a temporary nuisance, in addition to recovering any out-of-pocket expenses and recovering damages for physical discomfort and annoyance, the plaintiff is also entitled to recover for the temporary reduction in rental value, as opposed to the depreciation of the market value.

Authority

See Filisko v. Bridgeport Hydraulic Co., 176 Conn. 33, 40-41 (1978) (damages for private nuisance and measure of damages for temporary versus current nuisance as it refers to ownership of rental property).
 


 

Attorneys | Case Look-up | Courts | Directories | Educational Resources | E-Services | Español | FAQ's | Juror Information | Media | Opinions | Opportunities | Self-Help | Home

Common Legal Words | Contact Us | Site Map | Website Policies and Disclaimers

Copyright © 2011, State of Connecticut Judicial Branch