If A pollutes public waters harming B's fishery, does B have grounds for a public nuisance claim?

Prepare for the Torts Restatement Test with comprehensive flashcards and insightful multiple-choice questions. Each query is equipped with hints and detailed explanations to aid your understanding. Gear up for your assessment!

B's ability to bring a public nuisance claim arises from the fact that pollution affecting public waters can have significant adverse impacts on the community's resources, such as fisheries and ecosystems. A public nuisance claim typically exists when an individual's actions significantly interfere with the public's use and enjoyment of a shared resource.

In this scenario, if B can prove pecuniary loss—that is, economic losses resulting from A's pollution that impacts B's fishery—this strengthens B's claim. Such proof links the loss directly to A's actions and demonstrates that A's conduct has caused harm not only to the environment but also to B’s financial wellbeing, fulfilling an essential requirement for a public nuisance action.

While other options mention various conditions, they don't address the direct relationship between the harm caused by the nuisance and the economic impact on B. Thus, being able to show pecuniary loss is crucial for establishing standing in a public nuisance claim stemming from pollution.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy