Introduction

Summary

This introduction acquaints the reader with traditional concepts of private and public nuisance law, the determination of liability for a nuisiance, and the conventional remedies for public nuisance of abatement and injunctions. After setting forth basic concepts concerning nuisiance law, the introduction discusses the emergence of public nuisiance as a legal claim in 21st century mass tort litigation. It describes the theoretical basis for public nusiance claims in mass tort cases and introduces statutory public nuisance statutes. The introduction analyzes the relationship of public nuisance to traditional tort theories. The introduction concludes with a roadmap for the ensuing chapters, tracing the historical basis for public nuisance jurisprudence, early judicial rejection of public nuisance claims, evolution and expansion of public nuisance claims to environmental and products cases, and issues relating to pleading, defenses, and remedies.