Is "coming to a nuisance" usually a defense in a nuisance claim?

The rationale for "coming to a nuisance" being a potential factor in a nuisance claim pertains to the nature of the defense and its application within the legal framework. While "coming to a nuisance" is not a definitive defense, it may influence the jury’s perception of the case. Essentially, if a person moves to an area knowing that a certain nuisance exists, or should have been aware of it, this knowledge can mitigate the nuisance claim against the property owner causing the disturbance.

In light of that, if a jury is presented with the facts, they may give weight to the notion that the plaintiff chose to establish residence near a known nuisance. This can affect their understanding of the reasonableness of the plaintiff's claims and whether they possess standing to assert that a nuisance exists. As a result, while it does not negate the possibility of recovery outright, it serves as a consideration for the jury when weighing the merits of the allegations.

The other options suggest absolute protections or disregard for the defense, which do not accurately reflect how juries typically consider the "coming to a nuisance" doctrine. Thus, option D offers a more nuanced and accurate understanding of how this concept operates in a nuisance claim within Georgia tort law.