Can I File a Claim for a Bad Smell With a Personal Injury Attorney?

Can I File a Claim for a Bad Smell With a Personal Injury Attorney?

A personal injury attorney can handle your claim for a nuisance, such as a smell. Therefore, it is possible to file a claim for this type of “injury.” When a file is claimed for an obnoxious odor, it is considered an example of serious and willful misconduct.

The Centers for Disease Control and Prevention or CDC stresses that some odors are harmful to human health. According to the CDC,  these odors originate from manufacturing plants, certain human activities, nature, or animals. When smells unreasonably interfere with a person’s rights or present a dangerous health concern, he or she is in his or her right to file a claim.

Personal Injury Attorney Nuisance Claims

A nuisance claim is normally associated with the unlawful and unusual use of land or activity that interferes with the public’s or a person’s enjoyment of their property. Not only can a nuisance lawsuit relate to a noxious smell, but it may also extend to the following:

  • The illegal burning of materials
  • Inordinately loud sounds
  • The posting of unacceptable pictures or signs
  • Illegal gambling activities

When it comes to serious and willful misconduct, nuisance claims involve situations where the emission of noises, lights, or odors interfere with the surrounding quality of life.

For instance, if you are renting an apartment, a nuisance, such as a bad smell, may disrupt the quiet enjoyment of the property and therefore lead you to make a claim. Likewise, a public nuisance, such as factory odors or fumes, may affect people in a community.

Read more about a personal injury attorney at Belal Hamideh Law.

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