Torts II

Restatement Second of Torts § 821B


Public Nuisance

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  1. A public nuisance is an unreasonable interference with a right common to the general public.
  2. Circumstances that may sustain a holding that an interference with a public right is unreasonable include the following:
    1. Whether the conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort or the public convenience, or
    2. whether the conduct is proscribed by a statute, ordinance or administrative regulation, or
    3. whether the conduct is of a continuing nature or has produced a permanent or long-lasting effect, and, as the actor knows or has reason to know, has a significant effect upon the public right.