In the context of public nuisance, who is typically liable to be sued?

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In the context of public nuisance, the individuals or entities typically held liable to be sued for the nuisance are the owners and occupiers of the land where the nuisance originates. This is because they have control over the land and are responsible for activities that may result in interference with the public's enjoyment of rights or resources.

Public nuisance impacts a community or the public at large, and the owners and occupiers can be expected to manage the use of their property in a manner that does not harm the wider community. Their direct involvement and responsibility for the property make them the proper defendants in a public nuisance claim.

While governments can sometimes be implicated in public nuisance claims (for instance, through failure to maintain infrastructure), they are not the typical parties sued in these cases. Neighbors may be affected by the nuisance but do not have liability unless they are also owners or occupants contributing to the issue. Complainants, or those bringing the lawsuit, are essentially the victims of the nuisance and do not bear liability. Thus, the owners and occupiers stand out as the primary party who can be held accountable.

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