Can an individual bring an action against a public nuisance?
[Law of Torts] – No, an individual can bring an action against a public nuisance. Public nuisance does not create a civil cause of action for any person. In order that an individual may have a private right of action in respect of a public nuisance-
(1) He must show a particular injury to himself beyond that which is suffered by the rest of public. If the alleged nuisance is, for instance, the obstruction of a highway, it is not enough for him to show that he suffers the same inconvenience in the use of the highway as other people do. He must show that he has suffered some damage more than what the general body of the public had to suffer.
(2) Such injury must be direct, and not a mere consequential injury; as, where one way is obstructed, but another is left open. In such a case the private and particular injury is not sufficient direct to give a cause of action.
(3) The injury must be shown to be of a substantial character, not fleeting or evanescent.