California, United States of America
The following excerpt is from Cathedral Hill Tower Condo. Ass'n v. Garbar, A144036 (Cal. App. 2018):
In reaching this conclusion, we also reject property owners' related contention that the jury's nuisance findings "necessarily include a finding of [the Association's] negligence." The law provides otherwise: A trier of fact may, as here, find that a private nuisance was created or existed without necessarily finding negligence. (Lussier v. San Lorenzo Valley Water Dist. (1988) 206 Cal.App.3d 92, 100 ["Although the central idea of nuisance is the unreasonable invasion of this interest and not the particular type of conduct subjecting the actor to liability, liability nevertheless depends on some sort of conduct that either directly and unreasonably interferes with it or creates a condition that
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