Who is liable for nuisance?

    Answer :

    The action must be brought against the hand committing the injury or against the owner for whom the act whom the act was done. It will lie against the person.

1) Who creates or continuous a nuisance authorises or suffers the creation of a nuisance or

2) Who Lets or sells property with a nuisance on it.

  A person is liable for a nuisance constituted by the state of his property.

a) If he causes it,

b) If by the neglect of some duty he allowed to arise and

3) If, when it has a arisen, without his own act or default, he omits to remedy it within a reasonable time after he became or ought to have become aware of it.

The plaintiff must prove the  following in an action for public nuisance.

i) A public nuisance.

ii) Special damage to him arising as a direct consequence of the nuisance. If it was due to the fault of the plaintiff himself or a third party, the defendant of the nuisance  cannot be made liable.

iii) The defendant was the occupier or person in possession and control of the premises with the nuisance on it.