To address this failing, I propose the recognition of a new type of public nuisance for the failure to test chemical substances.
Originating in common law criminal prosecutions by the King to address encroachments upon the royal domain, public nuisance is more commonly a source of civil tort liability today.
Public nuisance includes a wide variety of conduct ranging from actions harmful to public health to behavior deemed damaging to public morals.
96) Notwithstanding such discrepancies, the basic elements of a public nuisance claim can be distilled into the following elements: (1) an unreasonable and substantial interference (2) with a public right (3) where the defendant has control of the instrumentality causing the nuisance.
In addition, public nuisance claims traditionally have been subject to two important limitations.
Public nuisance encompasses "interference with public rights.
Mass tort cases and large public nuisances have expanded beyond the ability of the common law to fashion remedies that adequately redress the harms they cause.
Public nuisances are often made strict liability by statute.
The Alaska Natives brought their action under a maritime public nuisance claim.
27) Although the Alaska Natives may have suffered to a greater degree than others, such a difference in degree is not enough to constitute a special injury as required to permit a private action for a public nuisance.
36) Accordingly, when there are large environmental disasters, such as the Exxon Valdez oil spill, individuals may not sue for damages resulting from the public nuisance without showing special injury.
Public Nuisance and the Origin of the Special Injury Rule