1. PA 165 Introduction to Torts
Unit 7 Seminar

2. Unit 6 Review Premises liability Vicarious liability
Defenses for negligence

3. Unit 7 Graded Items Discussion (20 points) Test (40 points)
Seminar (20 points)
Deadline:
11:59 PM ET, Tuesday, Mar. 20

4. Seminar Outline Nuisance (private, public, mixed) Wrongful Death
Wrongful Birth

5. Nuisance
A nuisance is an unreasonable or unlawful use of one’s real property that injures someone or interferes with use of the owner’s land.
Types of nuisance: private, public, mixed

6. Private Nuisance
A private nuisance occurs when the tortfeasor uses his or her land in such a way as to unreasonably and substantially interfere with another person's use and enjoyment of the land.
Plaintiff: private person or entity

7. Elements of Private Nuisance
1. activity that unreasonably and substantially interferes with another’s use of their land
2. unreasonable and substantially defined by community standard
3. defendant’s conduct must proximately cause plaintiff’s injuries

8. Examples of Private Nuisance
Vibrations
Pollutions
Flooding
Noxious odors
Extreme noise

9. Coming to the Nuisance Defense
Plaintiff owns or uses land at a location in which the alleged nuisance activity was previously occurring.
Example: John buys a ranch house located 2 miles from a pig farm owned by Jane. After moving in, John finds the smell of the pig farm unbearable and brings a private nuisance action against Jane.

10. Public Nuisance
unreasonable interference with the public’s use and enjoyment of legal rights common to the public
Plaintiff: government (city, county, state government)

11. Nuisance Per Se activity that violates a public nuisance statute
Examples:
Gambling
Prostitution
Toxic waste management
Keeping wild animals

12. Coming to the Nuisance Defense
“Coming to the nuisance” is usually not a defense in public nuisance cases.

13. Mixed Nuisance affects both private and public use
both public and private nuisance
In this case, the landowner of the adversely affected land files a private nuisance lawsuit and the government files a public nuisance lawsuit.

14. Remedies for Nuisance I. Money damages
II. Equitable remedies (non-monetary relief):
Temporary Restraining Order (TRO)
Permanent or Temporary Injunction
Abatement
Abatement/Injunction = most common remedy in nuisance

15. Wrongful Death governed by state statutes
decedent = the person who died

16. Plaintiffs in Wrongful Death
Only the surviving spouse, children, and parents are usually entitled to bring an action for wrongful death
Not just anyone can bring an action for wrongful death (live in boyfriend/girlfriend, unmarried same sex couples)

17. Damages for Wrongful Death
1. Lost lifetime earnings
2. Loss of consortium
Punitive damages not normally
Recovered (but may be in egregious cases)
Example: On February 5, 1997 a civil jury in California unanimously found O.J. Simpson liable for the wrongful death of Ronald Goldman but has paid little of the $33.5 million judgment.

18. Defenses in Wrongful Death
Regular affirmative defenses apply (e.g. consent, comparative negligence, assumption of risk)

19. Wrongful Birth
birth of a child having serious defects that results from a doctor’s failure to provide proper information
Damages: emotional distress, the cost of prenatal care
and delivery, and expenses associated with the child’s impairment.
Example: pregnancy after being told that there could be no pregnancy or a genetic defect after being told there was not.