What damages are available in a nuisance action?

• A. Only property damage.
• B. Only economic losses.
• C. All resulting harm, including personal harm and harm to property.
• D. No damages are recoverable.

Answer: (C)

Damages in a nuisance action cover all losses that flow from the unreasonable interference with the use and enjoyment of land. The goal is to put the plaintiff back in the position they would have been in if the nuisance had not occurred, which means damages can include harm to the property itself and related economic losses, as well as harms to the person if they result from the nuisance. So, you can recover for diminution in property value, costs to cure or abate the nuisance, lost profits tied to the land’s use, and any personal harm caused by the nuisance, to the extent those harms are proximately caused by the nuisance. That’s why the best choice includes all resulting harm, both to property and to the person.