How do I defend myself if I am sued for nuisance?
If you are sued for nuisance, one of the many defenses available would be to argue that it is not an ongoing interference. In other words, if there is only an explosion once every three weeks at your property, that may or may not be deemed a nuisance because it is not an ongoing thing. However, a good plaintiff's lawyer would argue that it is ongoing because it is every three weeks. But certainly, there is no gray area if it is happening every day, and so you probably wouldn't be able to defend yourself from that. The other way to defend yourself from a nuisance claim would be to argue that the person citing you as being liable for nuisance is really just being unreasonable, in that this is normal, for example, for homes that would have septic tanks. It's normal for homes with septic tanks to sometimes have a smelly back yard when the septic tanks are being drained. So a person who is complaining about septic tanks in their neighborhood, may not have a claim for nuisance because it may be unreasonable for them to try to argue that the smell is bad when they live in that neighborhood and there is no public sewage system.
