What is a defense for a claimant in a private nuisance lawsuit?

In a private nuisance lawsuit, one viable defense for a claimant is profiting from the tort, which refers to the idea that if the claimant has been receiving some benefit or financial gain from the activity that is being complained about, it can weaken their claim. This notion is grounded in the principle that a party benefiting from the activity in question may be seen as accepting the associated inconveniences as part of the trade-off. Consequently, a claimant who profits may have a harder time establishing that the actions of the defendant are genuinely harmful enough to warrant a legal remedy.

This defense does not involve proving the defendant's negligence, as negligence is a separate legal theory distinct from nuisance. Emotional distress on its own does not typically establish a claim in private nuisance unless it can be directly correlated to the nuisance itself. Establishing a clear legal precedent could support a case but does not function as a defense for a claimant in a private nuisance situation.