To succeed in a public nuisance claim, the plaintiff's harm must be?

In a public nuisance claim, the plaintiff must demonstrate that their harm is dissimilar in kind from the general public's harm. This requirement is essential because public nuisance actions are brought on behalf of the broader community. Thus, to establish standing, the plaintiff's injury must be unique or significantly greater than the harm experienced by the public at large.

This differentiation is crucial because it ensures that the law is not overwhelmed with claims from individuals who are merely experiencing a common injury or inconvenience that affects many. Instead, it focuses on situations where an individual suffers a special injury that highlights a particular vulnerability or distinctive impact that is not shared by the general populace.

Successful claims often arise when a plaintiff can show they have suffered specific damages, such as loss of property value or personal inconvenience, which are not merely part of the general public harm. In contrast, claims based on trivial harm or solely economic loss, or claims that reflect similar injuries to others in the community, would typically fail to meet the necessary criteria for establishing a public nuisance.