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Dorsaneo, Texas Litigation Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

19-311 Dorsaneo, Texas Litigation Guide 311.syn




Professor William V. Dorsaneo III

Chapter Summary


This chapter from Dorsaneo,Texas Litigation Guide contains a discussion of the field of tort liability traditionally called "nuisance." It describes the elements necessary to impose liability on a nuisance theory and it discusses various defenses. The types of relief available are explained. Checklists, drafting guides, and forms are provided for litigation involving private nuisances. Coverage does not extend to proceedings instituted by public authorities, although the research guide lists several statutes under which such proceedings may be brought.

This chapter explains the differences between private and public nuisance. It discusses the elements of a claim of attractive nuisance whereby a landholder can be held liable for bodily injury to young children who trespass. There is a section describing the differences between trespass and private nuisance, and temporary versus permanent nuisance. This chapter describes the elements of private nuisance including standing, the basis of liability, the requirement of substantial interference, and the person of ordinary sensibility standard. This section also discusses the reasonableness of the defendant's conduct, whether or not proof of negligent conduct is required, and strict liability. Joint and several liability and vicarious liability issues are explained. The chapter explains the applicability of governmental immunity to nuisance claims and the relationship between nuisance claims against a governmental entity and claims of inverse condemnation.

This chapter also covers the proper measure of temporary and/or permanent damages to real property, damages for personal discomfort, and the recovery of miscellaneous expenses and losses. This section also details the availability of injunctive relief, as well as limitations and venue for writs seeking injunctive relief.

Finally, this chapter covers defensive matters such as limitations, contributory negligence, estoppel--consent, coming to the nuisance, sanction of law, and special rules governing claims against agricultural operations.

Dorsaneo, Texas Litigation Guide (Matthew Bender) provides a step-by-step guide to civil procedure in Texas, from filing the petition through appellate procedure, with substantive practice-area topics offering legal background, checklists, forms, and research guides. It covers business entities, commercial, real estate, personal injury, family law, and probate litigation, as well as administrative proceedings.


Texas,nuisance,Private nuisance,Public nuisance,Attractive nuisance,Trespass,Temporary nuisance,Permanent nuisance,Governmental immunity,Inverse condemnation,strict liability,joint and several liability,vicarious liability,governmental immunity,inverse condemnation


General principles of negligence are the subject of Ch. 290, Negligence.

The duties of a landowner, including the doctrine of "attractive nuisance," are discussed in Ch. 310 Premises Liability.

Relations between adjoining landowners are discussed in Ch. 280 Adjoining Landowners.


See Texas Civil Trial Guide (Matthew Bender) for comprehensive, authoritative, and up-to-date coverage of pleadings, motions, trial settings, continuances, consolidation and severance, jury selection, motions for judgment, and closing argument.

See Texas Courtroom Evidence (Matthew Bender) for comprehensive coverage of Texas evidence law, including comparisons of the Texas Rules of Evidence with the Federal Rules of Evidence as interpreted by existing case law for each subject.

See Texas Real Estate Guide (Matthew Bender) for more than 540 Texas real estate transaction and litigation forms, plus step-by-step checklists on virtually all real estate matters to help the practitioner master important key issues and avoid costly errors.

See A Practical Guide to Disputes between Adjoining Landowners--Easements (Matthew Bender) for expert substantive and procedural guidance for the entire range of disputes between landowners, covering easements, covenants running with the land, equitable servitudes, licenses, adverse possession, trespass, party walls, boundary disputes, nuisance, lateral and subjacent support, water and airspace rights, and landlord and tenant.

See Texas Torts & Remedies (Matthew Bender) for complete and detailed treatment of the Texas law of torts, including coverage of general principles of liability, professional liability, real property torts, transportation torts, products liability and commercial torts, intentional torts, tort claims against public entities, insurance claims, remedies, and procedure.

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