Property II

Restatement Second of Torts § 822


Restatement Second of Torts § 822

General Rule

View on Lexis Advance

View on Westlaw

One is subject to liability for a private nuisance if, but only if, his conduct is a legal cause of an invasion of another's interest in the private use and enjoyment of land, and the invasion is either

  1. intentional and unreasonable, or
  2. unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities.
Copyright, The American Law Institute