What does abnormal sensitivity imply in private nuisance claims?

In private nuisance claims, abnormal sensitivity refers to unique personal reactions that a plaintiff may have to disturbances or interferences that would not typically affect the average person. This means that if an individual is more sensitive to a particular nuisance, such as noise, odors, or vibrations, than what is considered reasonable in general society, the court may take this abnormal sensitivity into account when evaluating the claim.

The concept recognizes that while some disturbances may be acceptable or tolerable for many individuals, certain plaintiffs may have a heightened response due to personal circumstances or sensitivities. A successful claim may hinge on proving that the interference goes beyond the ordinary impact that typical members of the community would experience, thereby establishing the uniqueness of the plaintiff's reaction.

This understanding of abnormal sensitivity is crucial in determining liability in private nuisance cases, as courts often consider the norm for the community when assessing what constitutes a nuisance. By acknowledging personal reactions that deviate from this norm, the law seeks to balance the interests of both the plaintiff and the defendant within the context of community standards and reasonable use of property.