What is a recognized defense for a nuisance tort?

In the context of nuisance torts, the defense of a hypersensitive plaintiff is recognized because it addresses the notion that the injury or harm claimed may be the result of the plaintiff's unique sensitivities rather than a general offensive condition created by the defendant’s actions.

This defense suggests that if a plaintiff possesses an unusually heightened sensitivity to certain conditions (like noise, odors, or other disturbances) that a typical person would not find bothersome, the defendant may not be held liable for nuisance. The rationale is that the law does not protect individuals from disturbances that they simply cannot tolerate due to their own sensitivities, but would not be considered nuisances to the average person. This means that the standard for determining nuisance often incorporates the perspective of a reasonable person, rather than that of someone who is hypersensitive.

The other options do not serve as valid defenses for nuisance torts. The absence of intent does not apply because nuisance can arise from negligent or unintentional conduct that meets the objective criteria of being unreasonable. A claim of self-defense is not relevant to nuisance, which generally does not involve personal interactions requiring such a defense. Lastly, negligence on the part of the plaintiff does not negate the defendant’s liability for nuisance; instead, it could potentially reduce