Per Accidens Nuisance Law and Legal Definition

Per accidens nuisance is an act, occupation, or structure that is not a nuisance per se, but one which may become a nuisance by reason of circumstances, location, or surroundings.

“Nuisances in fact or per accidens are those which become nuisances by reason of circumstances and surroundings, and an act may be found to be a nuisance as a matter of fact where the natural tendency of the act is to create danger and inflict injury on person or property.” [Gerzeski v. State, 403 Mich. 149, 156-157 (Mich. 1978)]