Common Nuisance Law & Legal Definition


A common nuisance is a condition of things which is prejudicial to the health, comfort, safety, property, sense of decency, or morals of the citizens at large, resulting either:

(a) from an act not warranted by law, or

(b) from neglect of a duty imposed by law. [Nuchols v. Commonwealth, 312 Ky. 171 (Ky. 1950)]

A common nuisance affects the people at large, and is an offence against the state, but an action may be brought in one’s own name by any one who suffers damage peculiar in kind or degree beyond what is common to him/her and to others. [Powell v. Bentley & Gerwig Furniture Co., 34 W. Va. 804 (W. Va. 1891)]

Common nuisance is also called as public nuisance.