Are damages an available remedy for nuisance claims?

In nuisance claims, damages are indeed an available remedy alongside injunctive relief, which means that claimants have the option to seek financial compensation for harm experienced due to the nuisance, as well as to ask the court to order the cessation of the nuisance activity itself. This dual remedy allows individuals affected by a nuisance—such as excessive noise, pollution, or other disturbances—to recover for past harm while also trying to prevent further harm from occurring.

Claimants can pursue damages to cover losses incurred due to the nuisance, such as decreased property value or costs associated with addressing the nuisance. This recognition of damages as a remedy aligns with the principle that individuals should not suffer harm without recourse to compensation, particularly when their rights to enjoy their property or live without disturbance are at stake.

Other options suggest limitations on the availability of damages, either by restricting them to specific conditions or denying them entirely, which do not accurately reflect the legal principles surrounding nuisance claims.