Public nuisance: a new battleground for policyholders and insurers: the current wave of public nuisance-based tort litigation is focused on two areas, lead paint and global warming.(SPECIAL REPORT: CLAIMS)

Risk & Insurance | April 1, 2008| | Copyright

Summary

* A public nuisance is defined as "an unreasonable interference with a right common to the general public," and under public nuisance theory, governments may seek to compel the party responsible to abate the nuisance.

* Historically, public nuisance theory was used to shut down gambling or prostitution establishments but in the 1990s, public nuisance was retooled and gained prominence in the tobacco litigation as a new theory of products liability.

* The current wave of public nuisance-based tort litigation is focused on two areas, lead ...

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