Malone v Laskey (1907): Who can bring a claim in private nuisance?
Areas of applicable law: Tort law – Nuisance – Private nuisance:
Main arguments in this case: Who can sue in a tort of private nuisance?
The fact of the case: A company’s manager and his wife were staying in the house as its licensees (which for the purpose of tort law means that they were merely guests). The claimant (the wife), was injured in the bathroom when a wall bracket came off and the toilet cistern fell on her. The accident was caused by the vibration from an adjoining house where an engine was operating in it. She brought an action for nuisance.
Her claim failed as she was merely a guest and to bring an action for a nuisance the person has to have a proprietary interest i.e., should have legal rights in the property.