Are you wondering whether you are experiencing a public or private nuisance for which you are entitled to compensation or a court order?
The difference between a public and private nuisance in Oklahoma is pretty diverse.
Thus, it is important to understand them to know whether you should seek counsel from an Tulsa personal injury attorney.
Comparing a Public and Private Nuisance in Oklahoma
A public nuisance is a criminal wrong that interferes with the rights of the community as a whole.
A good example of a public nuisance is a protest held without a permit and denies local residents access to city streets.
A private nuisance is very different. It is a civil wrong where someone is unreasonably interfering with enjoyment and use of your property.
Most likely, as a land owner, a private nuisance claim is the type you would bring to a Tulsa personal injury attorney.
Four types of interference with one’s property can give rise to a private nuisance claim:
1) noise;
2) odor;
3) physical particle invasion; and
4) safety or environmental hazards.
More About Private Nuisances
The following is an example of a private nuisance.
An elderly couple owns a quiet country home for decades. A company buys the parcel of land next to their tranquil home and builds a firing range.
The elderly couple, still quite able to hear, is forced to listen to gunshots from early in the morning to late at night. If the couple can show the court that:
1) the firing range owners knew that they had lived on the property in peace and quiet for decades,
2) the couple had used the property for only residential purposes, but
3) the company bought the property with the intent of building a gun range.
Consequently, the couple likely has a good private nuisance claim.
In private nuisance cases, the remedy is typically money damages.
In special cases, an injunction, which is an order from the court that the defendant stop the offending conduct, may be issued.
Free Consultation: Oklahoma Personal Injury Attorney
To find out if you might be entitled for injuries that resulted from a private nuisance, contact the Oklahoma personal injury attorney at Personal Injury Law Office of Tulsa today.
For a free, no-obligation consultation, call (918) 924-5528 or send your question using the email form on this page.
