Duhaime's Law Dictionary


Common Nuisance Definition:

A public nuisance; an unreasonable interference with a right common to the general public.

Related Terms: Public Nuisance, Nuisance, Private Nuisance

The preferred term, in some common law jurisdictions, to what is more frequently known as a public nuisance.

For example, consider these words of the Court of Appeals of Texas in Premcor Refining:

"A private nuisance is a nontrespassory invasion of another's interest in the private use or enjoyment of land. By contrast, a public or common nuisance is a condition that amounts to an unreasonable interference with a right common to the general public. However, whether the nuisance be public or private, it is thus a field of tort liability, a kind of damage done, rather than any particular type of conduct. As in the case of any other kind of damage, it may be inflicted by conduct which is intended to cause harm, by that which is merely negligent, or by that which involves an unusual hazard or risk."

REFERENCES:

  • In re Premcor Refining Group, Inc., 233 SW 3d 904 (2007)

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