In a public nuisance case, who can be held liable for the actions of tortfeasors when they cannot be found?

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In a public nuisance case, the owners and occupiers of the property can be held liable for the actions of tortfeasors when those individuals cannot be located. This principle stems from the idea that the owners and occupiers have a responsibility to manage and control their property, ensuring that it does not cause harm or annoyance to the public.

The rationale is that they are in a position to prevent the nuisance or take corrective action, thereby holding them accountable even when the direct wrongdoers cannot be identified. This facilitates accountability and provides a mechanism for affected individuals to seek redress, as property owners are often seen as having a duty not only to their tenants but also to the broader community.

Other entities, like local councils, utility companies, or the government, may have some responsibilities in regard to public nuisances, but the primary legal responsibility typically falls on those who possess or control the property in question. Therefore, their liability is crucial for maintaining public order and safety.

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