A private nuisance is a non-trespassory invasion of another’s interest in the private use and enjoyment of land.” Restatement (Second) of Torts §821D. A nuisance can also be defined as “an unreasonable interference with the use and enjoyment of land.”Nitram Chemicals, Inc. v. Parker, 200 So.2d 220 (Fla. 2d DCA 1967). What does this mean for you? One person cannot use his or her property in a manner which causes another person to suffer the loss of use and enjoyment that person’s own property.
Are you and your neighbors annoyed and embarrassed by foul and noxious odors from a nearby waste facility, factory or refinery bombarding your property? Does is it seem that the noxious fumes persist, no matter how often you speak up and to whom you complain? Are you unable to use and enjoy your own property as you intended? Do you lock yourself in your house or take your children to a friend’s house miles away to avoid exposure to the odors, which cause nausea, headaches, insomnia or other physical reactions? Zakariah Johnson has represented more than a thousand individuals in communities across the country where residents have lost the use and enjoyment of their homes due to the negligent operations of neighboring industrial facilities such as landfills, transfer stations, commercial composting and industrial wastewater treatment ponds.
When a landfill is operated and maintained properly, it should not release noxious odors past its facility borders at a strength and frequency strong enough to interfere with the use and enjoyment of surrounding property. A landfill need not cause annoyance, inconvenience and discomfort. Many people assume that just because someone lives near a landfill that they have no right to complain about odors. That is not true. Often, your home is your greatest investment and your property rights are just as important as the landfill’s.
As a former landfill inspector, Zakariah Johnson understands how a landfill should operate, what gasses cause odors or physical symptoms and what minimum detection levels a landfill should use. Zakariah Johnson has successfully represented communities across the country where individuals have lost the use and enjoyment of their homes due to negligently operated and maintained landfills off-gassing noxious odors.
There is a saying that bad things happen to good people. Likewise, bad things happen to good property. Zakariah Johnson represents individuals who own property which has been damaged from soil, groundwater and vapor intrusion contamination. We also represent clients who have been harmed from exposure to toxic contamination or pollution. The toxic contamination or pollution can be in the air, soil or groundwater. As a former environmental scientist and contaminated site remediation manager, Zakariah Johnson possesses an understanding of the scientific and legal issues involved in investigating and prosecuting environmental litigation and toxic tort cases.
The law firm of Zakariah Johnson, PLLC represents individuals who have been injured from toxic chemical exposure, environmental contamination, defective products, premises liability and the negligent acts of others.