What factor may reduce recovery in a private nuisance claim?

In a private nuisance claim, several factors can affect the amount of recovery a plaintiff might receive. The presence of a thick-skinned plaintiff is relevant because it addresses the subjective nature of nuisance claims. In tort law, private nuisance typically involves the interference with a person's enjoyment of their property. The law recognizes that not every individual will experience the same level of discomfort or harm from the same nuisance.

A "thick-skinned" plaintiff, who may be less sensitive or more tolerant of inconveniences, might not experience the same level of harm as someone who is more sensitive. As a result, a plaintiff's ability to recover damages could be influenced by their personal threshold for discomfort. Courts often weigh the extent of harm caused versus the characteristics of the plaintiff, and a more resilient plaintiff might see a reduction in their recovery because there is less evidence of harm.

While the other factors listed might also play a role in the context of a nuisance claim, they typically support or counteract different aspects of liability or causation rather than directly minimizing the potential recovery on the basis of the plaintiff's characteristics. For instance, failure to prove harm would outright negate recovery rather than reduce it, and intentional conduct by the defendant usually supports higher damages. Additionally, actions taken