PJC General Negligence 2022

N UISANCE

PJC 12.1

PJC 12.1

Nuisance Generally—When to Apply (Comment)

Definitions. A “nuisance” is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to a person of ordinary sensibilities attempting to use and enjoy it. Crosstex North Texas Pipeline, L.P. v. Gardiner , 505 S.W.3d 580, 600–01 (Tex. 2016) (confirming definition of nui sance); Barnes v. Mathis , 353 S.W.3d 760, 763 (Tex. 2011) (per curiam); Schneider National Carriers, Inc. v. Bates , 147 S.W.3d 264, 269 (Tex. 2004). Whether a defen dant may be held liable for causing a nuisance depends on the culpability of the defen dant’s conduct, in addition to proof that the interference is a nuisance. Crosstex North Texas Pipeline, L.P. , 505 S.W.3d at 604. It “generally presents fact issues for the jury to decide.” Crosstex North Texas Pipeline, L.P. , 505 S.W.3d at 591. The term “nui sance” has been used frequently in different contexts. This PJC therefore clarifies the distinctions within the law in the context of private and public nuisances. In private nuisance, a defendant’s conduct substantially interferes with the use and enjoyment of real property owned by an individual or small group of persons. “It may, for example, cause physical damage to the plaintiffs’ property, economic harm to the property’s market value, harm to the plaintiffs’ health, or psychological harm to the plaintiffs’ ‘peace of mind’ in the use and enjoyment of their property.” Crosstex North Texas Pipeline, L.P. , 505 S.W.3d at 596. In public nuisance, a defendant’s conduct unreasonably interferes with a right com mon to the public at large by affecting the public health or public order. See Crosstex North Texas Pipeline, L.P. , 505 S.W.3d at 591 n.3. A claim for attractive nuisance is not a type of common-law nuisance. Rather, it is a legal basis for premises liability and therefore remains within the purview of premises liability pattern jury charges. Similarly, a criminal nuisance is not a common-law nui sance and thus remains within the purview of criminal pattern jury charges. See the appendix to this volume for more information about Texas Criminal Pattern Jury Charges Online . Practitioners should apply PJC 12.2–12.6 as follows: 1. If the claim involves a right to use and enjoy privately owned land, use PJC 12.2 (“Private Nuisance”). 2. If the claim involves a common public right, use PJC 12.3 (“Public Nui sance”). PJC 12.2 and 12.3 may be used if the claim invokes both private and public nuisance. 3. If the claim involves children injured while trespassing on a defendant’s property, use PJC 66.10 (“Premises Liability—Attractive Nuisance”) in the current edition of State Bar of Texas, Texas Pattern Jury Charges—Malpractice, Premises & Products .

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