Duhaime's Law Dictionary


Absolute Nuisance Definition:

Intentional conduct or an abnormally dangerous condition that cannot be maintained without injury to property, no matter what precautions are taken.

Related Terms: Nuisance, Per Se

Also known as nuisance per se.

In Kramer, Justice Singer offered this melody of nuisance law:

"Nuisance may be ... divided into absolute nuisance and qualified nuisance. An absolute nuisance, or nuisance per se, is based on intentional conduct or an abnormally dangerous condition that cannot be maintained without injury to property, no matter what precautions are taken.

"Absolute nuisance consists of either a culpable and intentional act resulting in harm, or an act involving culpable and unlawful conduct causing unintentional harm, or a nonculpable act resulting in accidental harm, for which, because of the hazards involved, absolute liability attaches notwithstanding the, absence of fault.

"Strict liability is imposed upon an absolute nuisance finding."

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