What is a Nuisance?
A nuisance is a private lawsuit based on negligence, intentional conduct or strict liability. A recent lawsuit made news in California concerning Sriracha – the popular hot sauce – after the company’s chili plant caused severe reactions among local residents.
Processing over a million pounds of red chili peppers a year, neighbors complain of eye-watering, coughing, and having to retreat indoors as a result of the 2 year old factory’s intense hot chili pepper odor.
This is a perfect example of a nuisance — a severe annoyance which usually results in either money damages or an injunction. An injunction is a remedy that either forces or prohibits someone from doing something. In the Sriracha case, it was preventing the company from producing their sauce.
There are both private and public nuisances. The Sriracha case concerned public welfare and safety so this would be classified as a public nuisance. The city sued the company owner.
This area of law is interesting and not often discussed.
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