DocketNumber: No. CV98-0149018S
Citation Numbers: 1999 Conn. Super. Ct. 14206
Judges: LEHENY, JUDGE.
Filed Date: 10/21/1999
Status: Non-Precedential
Modified Date: 7/5/2016
In order to prevail on a claim of public nuisance the plaintiff must prove four elements:
(1) The condition complained of has the natural tendency to create danger and inflict injury upon person or property;
(2) the danger created was a continuing one;
(3) the use of the land was unreasonable or unlawful;
Filisko v. Bridgeport Hydraulic Co.,(4) existence of the nuisance was a proximate cause of the plaintiff's injuries and damages.
The plaintiff fell when he entered the defendants' business establishment and slipped on a substance on the stairs. This factual scenario does not rise to the level of a public nuisance.
"One entering a premises at the express or implied invitation of a tenant or owner is not exercising a public right. Rather the person is entering as a visitor. . . .the visitor cannot recover on a public nuisance claim." Stewart v. Federated DepartmentStores, Inc., Id., 69 citing Webel v. Yale University,
The plaintiff has failed to allege sufficient facts to establish a legally cognizable claim in public nuisance.
For the foregoing reasons, the motion to strike is granted.
BY THE COURT
Sandra Vilardi Leheny, J.