What type of claim can be made by a claimant who suffers pure economic loss from a public nuisance?

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A claimant who suffers pure economic loss from a public nuisance can make a claim for special loss. Special loss refers to the damages that are specific and particular to the claimant’s situation, which go beyond general damages that might be applicable to the public at large. In the context of a public nuisance, this type of claim allows for recovery of economic losses that are directly attributable to the disruptive activity that constitutes the nuisance.

In contrast, general compensation typically applies to non-specific damages that affect everyone affected by a nuisance, while punitive damages are intended to punish the wrongdoer and deter future misconduct rather than compensate the victim. Minimal damages do not adequately address the impactful economic loss that entities may face. Therefore, special loss is the correct designation for claims related to pure economic detriment stemming from a public nuisance.

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