Yes, you can file a nuisance lawsuit in small claims court, particularly for a private nuisance. But make sure the case meets your state's small claims dollar limits. Also, understand that in most small claims courts, all the court can do is award you a sum of money. If you want the court to order the offending party to stop what they're doing—what the law calls "injunctive relief"—you might have to file your case in a different court.
We explain what a private nuisance is, what you need to prove, how long you've got to sue, the damages you might win, and more.
More often than not, a private nuisance involves a neighbor-against-neighbor dispute. The family living next door has a dog that barks throughout the day, making it impossible for you to work. Or your neighbor's security spotlight shines into your bedroom, keeping you awake all night. You, or maybe you and a couple of other homeowners, are the only ones bothered.
The elements of a private nuisance claim are decided by state law. In general, though, a winning lawsuit requires proof that:
Nuisance lawsuits, like all others, are subject to a filing deadline called a "statute of limitations." A statute of limitations has one job: To kill legal claims that aren't filed in time. Try to sue after the limitation period has run out, and the court will have no choice but to dismiss your case. Should that happen, you've lost the right to collect compensation for your injuries.
In a private nuisance lawsuit, the controlling statute of limitations will depend on whether you're suing for personal injuries, for property damages, or for both. Typically, you've got two or three years from the date you realize you've been harmed to file your case in court. But each state gets to decide on its own deadline, so be sure to check your state law.
If you're not sure how much time you've got to bring your case, speak to a lawyer right away.
If you succeed with a private nuisance claim, you'll get "compensatory damages." As the name suggests, these damages are meant to compensate you for actual losses you suffer because of the nuisance. Here's a partial list of the kinds of damages that might be included.
When your property is damaged, you're entitled to be paid for your repair costs. If the property is total loss, you can recover the lesser of your replacement cost or the fair market value of the destroyed property. To prove repair costs, a bill showing the amount you paid will suffice. You'll need proof of replacement cost or fair market value for any items that are destroyed.
Even if your property doesn't suffer actual, physical damage, you can recover for the loss of use caused by a private nuisance. Loss of use damages often can be proved by showing the cost to rent similar property.
If the value of your property is permanently reduced because of a private nuisance, you can collect the decrease in fair market value. When the nuisance is temporary, ask the court to award you the fair rental value of the property for the time you weren't able to use it. In either case, you'll need reputable estimates or figures from a qualified property valuation expert.
When a private nuisance causes you to suffer an illness or injury, you'll want the court to order that you be compensated for your personal injury damages, including medical bills, lost earnings, pain and suffering, and more. Medical records and bills will document your condition and what you paid for treatment. A statement of lost wages from your employer's human relations department will prove your lost income.
Let's begin with some pre-lawsuit steps you should take. Then we'll walk you through a lawsuit preparation and filing checklist.
First, learn about the small claims court rules in your state. Most state court websites have information about how small claims cases work. Colorado, for example, has information about small claims cases and forms you can use. This page from the Kansas courts has links to forms, resources, and a step-by-step guide to Kansas small claims cases.
Second, take some time to think about whether filing a lawsuit is a good idea. Even in small claims court, a lawsuit can be costly and time consuming. Before you sue, talk to your neighbor (if you can safely do so). An informal, negotiated solution usually works to everyone's benefit. If you can't work things out on your own, consider an informal dispute resolution method like mediation or arbitration.
Third and finally, don't waste your time with a lawsuit unless you can collect if you win.
OK, now you're ready to prepare and file your case. Here's a checklist of the steps to follow.
Once the defendant has been served, appearing in court to present your case is usually all that's left to do. Get tips for success and learn how to present evidence and witnesses in court. We've also got answers to some of the most common small claims court questions. If you want to speak with a lawyer to learn more about your case or how to present it, here's how to find the right lawyer for you.