Noise Liability

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Noise Liability

            Noise is derived from unpleasant forms and is transferred to unwanted destinations. Liability of noise occurs when interference is realized from both public or private sources and the resultant acquisition on public or private nuisance. Noise can be produced by different forms in the environment. Of importance is the source and mode of transfer according to the party in reception. In addition, the level of intensity determines the scale of disturbance caused. Noise in most cases is dependent on the level of reasonable annoyance or injury caused. Any individual is allowed to utilize their property as they deem. However, limitations are enabled in circumstances that cause noise to external parties. The owner is only allowed to use the property in reasonable measures without causing indifference to others.

            In a court of law, liability of noise nuisance is handled under two factors, the nature of the act used in creating the noise and the extent of nuisance created according to material injury or annoyance. The nature of the act is determined by the intention in noise creation from the sources. It could be either unintentional or intentional. In this case, the court uses material evidence to categorize the level of intent with the nuisance created. Once the threshold of the nuisance created is determined, material injury or annoyance is then targeted. It constitutes physical, emotional, or psychological effects. Physical is through the literal damage to an individual’s body or material possession. Psychological and emotional effects are determined by the stressor factors in the analysis. For example, continuous noise disturbance at night in residential area causes sleeplessness and accumulated emotional fatigue. Once the court obtains sufficient evidence, the charges can be attributed to the individual responsible.