July 21, 2014
Determining Damages in Nuisance Claims
Texas Lawyer
For more than half a century, Texas courts have held that a plaintiff can recover damages for annoyance and personal discomfort caused by a private nuisance. As recently as 2004, in Schneider National Carriers, Inc. v. Bates, the Texas Supreme Court confirmed the right of a plaintiff to recover “nuisance damages” for “symptoms typical of discomfort rather than disease.”