Public Nuisance as a Cause of Action in New York

In New York, a public nuisance claim involves conduct that harms the general public’s rights and well-being. This type of claim can be brought by government authorities, but private individuals can also sue if they meet a higher standard. When a private person sues for damages caused by a public nuisance, they must show more than general harm to the public. The courts require three specific elements to be clearly proven before a claim can succeed.

Existence of a Public Nuisance

To start, the plaintiff must prove that a public nuisance actually exists. A public nuisance involves conduct that interferes with rights held by the public at large, such as the right to safety, health, clean air, or access to public spaces. The interference must impact a broad group of people, not just a small number of individuals. Examples may include pollution that affects an entire neighborhood, blocked public roads, or hazardous conditions that endanger a community’s safety. The behavior must rise to the level of being offensive, harmful, or disruptive to common public rights.

Defendant’s Role in Creating or Maintaining the Nuisance

Next, the plaintiff must show that the defendant either caused, contributed to, or allowed the nuisance to continue. This can involve a company that discharges pollutants into a waterway, a landlord who ignores dangerous conditions that affect a whole building, or a business that attracts large crowds and creates ongoing noise or disruption in a public area. The conduct can be active or passive, but there must be a direct link between the defendant’s behavior and the harm experienced by the public.

Special Harm Beyond What the Public Suffers

The third element is often the most difficult for private individuals to prove. They must show that they suffered a specific harm that is different in kind, not just in degree, from what the general public experienced. For example, if a factory releases smoke into the air and everyone in the area breathes it in, but a nearby bakery has to close because the smoke ruins its products, the bakery may have a valid claim. Its harm is unique compared to the general community. This rule prevents people from suing just because they are one of many affected by a nuisance unless their injury is truly distinct.

Conclusion

Public nuisance claims in New York protect the public from conduct that harms shared rights and public welfare. When a private individual brings the claim, they must go beyond showing general harm. They must prove a widespread interference, link the defendant’s actions to the nuisance, and show they suffered in a way that the average person did not. This ensures that the legal system addresses public harms while limiting claims to those who truly experience a special, legally recognizable impact.

Find the Law

“The plaintiffs, as private individuals, seeking to recover damages based on a public nuisance must plead and prove by clear and convincing evidence (1) the existence of a public nuisance; (2) conduct or omissions by a defendants that create, contribute to or maintain that public nuisance; and (3) special or different injury beyond that suffered by the community at large as a result of the public nuisance. (532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc., 96 NY2d 280, 292 [2001], reargument denied, 5th Ave. Chocolatiere, Ltd. v. 540 Acquisition Co., LLC., 96 NY2d 938 [2001]; see, also, N.A.A.C.P. v. Acusport, Inc., 271 F. Supp. 2d 435, 483 [E.D.N.Y.2003].) A public nuisance “consists of conduct or omissions which offend, interfere with or cause damage to the public in the exercise of rights common to all, in a manner such as to offend public morals, interfere with use by the public of a public place or endanger or injure the property, health, safety or comfort of a considerable number of persons.” (Copart Industries, Inc. v. Consolidated Edison Company of New York, Inc., 41 NY2d 564, 568 [1977].)” Eg v. Shimon, 2006 N.Y. Slip Op. 51221 (N.Y. Sup. Ct. 2006)