Wis JI-Civil 1926

To sustain a claim of nuisance in this case, (plaintiff) must prove the following four

elements:

First, a private nuisance exist(s)(ed)2. A private nuisance is an (invasion of or)

interference with (plaintiff’s) interest in the private use and enjoyment of (his) (her) (their)

land.3

Second, the (invasion or) interference resulted in significant harm.4 “Significant harm”

means harm involving more than a slight inconvenience or petty annoyance. When the

interference involves personal discomfort or annoyance, it is sometimes difficult to

determine whether the (invasion or) interference is significant. If ordinary persons living

in the community would regard the (invasion or) interference as substantially offensive,

seriously annoying or intolerable, then the (invasion or) interference is significant. If not,

then the (invasion or) interference is not significant. Rights and privileges to use and enjoy

land are based on the general standards of ordinary persons in the community and not on

the standards of persons who are more sensitive than ordinary persons.

Third, (defendant) intentionally caused the private nuisance. A person’s conduct

caused the private nuisance if it was a substantial factor in producing the nuisance.

A nuisance is intentional if the person acts for the purpose of causing the nuisance or knows

that the nuisance is resulting or is substantially certain to result from the person’s conduct.5

Fourth, (defendant’s) conduct in causing the nuisance was unreasonable.6 An

intentional invasion of another’s interest in the use and enjoyment of land is unreasonable

if:

(a) the gravity of the harm outweighs the utility of the actor’s conduct, or

(b) the harm caused by the conduct is serious and the cost of compensating for this and

similar harm to others would still make it feasible for (defendant) to continue the conduct.7

VERDICT

Question No. 1: Did [Does] a private nuisance exist?

ANSWER: _________

(Yes/No)

Question No. 2: If you answered “Yes” to Question 1, then answer this question:

Did the nuisance result in significant harm to (plaintiff)?8

ANSWER: _________

(Yes/No)

Question No. 3: If you answered “Yes” to Question 2, then answer this question:

Did (defendant) intentionally cause the private nuisance?

ANSWER: _________

(Yes/No)

Question No. 4: If you answered “Yes” to Question 3, then answer this question:

Was (defendant’s) conduct in causing the nuisance unreasonable?

ANSWER: _________

(Yes/No)

Question No. 5: Regardless of how you answered any of the other questions, answer this

question:

What sum of money will reasonably compensate (plaintiff) for harm suffered?

ANSWER: $_____________