Question

A horticulturist grew many exotic indoor plants. At night, the horticulturist would open his floor-to-ceiling windows to provide the plants with fresh air. He would also turn on hundreds of fluorescent lights hanging from the ceiling over the plants. The horticulturist would leave the lights on all night to help the plants grow. The wall with the floor-to-ceiling windows abutted the bedroom window of his neighbor, an 85-year-old man. However, the man barely noticed the glaring light coming through the window because he had blurred vision due to cataracts. When the man's grandson visited him recently and noticed the lights, the grandson insisted that the man file a private nuisance action against the horticulturist. If the man files suit, who will prevail

Answer 1

Since the bright lights would be troublesome and unpleasant to a regular, reasonable member of the community so the man will prevail.

What is a private nuisance?

A private nuisance is defined as anything or activity that significantly and unfairly interferes with another person's use or pleasure of his land.

A significant interference is one that would be insulting, inconvenient, or irritating to a normal, rational member of the community.

A "thick-skinned" plaintiff who is not offended, inconvenienced, or annoyed may still recover if the average reasonable person would be, however the amount of damages may be reduced.

Since the bright lights would be troublesome and unpleasant to a regular, reasonable member of the community so the man will prevail.

Thus, this can be the scenario for the given excerpt.

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