Code of Alabama
Ala. Code § 6-5-121 (2026)
Distinction Between Public and Private Nuisances; Right of Action Generally.
✓ official Alabama Legislature (ALISON) text, current July 2026
Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.
(Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)
Notes of Decisions
Cited in 20
cases (5 in the last 5 years), 1980–2024 · leading case: Russell Corp. v. Sullivan, 790 So. 2d 940 (Ala. 2001).
Russell Corp. v. Sullivan, 790 So. 2d 940 (Ala. 2001). “"A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals.”
State of Alabama v. PCI Gaming Auth., 801 F.3d 1278 (11th Cir. 2015). “See Ala.Code § 6-5-121 (authorizing Alabama to bring a lawsuit to abate a public nuisance).”
Gamble v. PinnOak Resources, LLC, 511 F. Supp. 2d 1111 (N.D. Ala. 2007). “2001) (quoting Ala.Code § 6-5-121). The distinction between private nuisance and public nuisance is an important one.”
Lucero v. Trosch, 121 F.3d 591 (11th Cir. 1997). “The district court found that “the conduct of each of the defendants has proximately caused and worked hurt, inconvenience and damage to the plaintiffs,” (District Court Opinion at 15), “is a nuisance,” (id.”
West Morgan-East Lawrence Water & Sewer Auth. v. 3M Co., 208 F. Supp. 3d 1227 (N.D. Ala. 2016). “” Ala. Code § 6-5-121 (1975). Plaintiffs allege in their amended complaint that the number of persons in the putative class “probably exceeds 25,000 people.”
Martin v. Houston, 176 F. Supp. 3d 1286 (M.D. Ala. 2016). “See Ala. Code § 6-5-121 . What Martin seeks is a hearing in which he is allowed to rebut the factual presumption that his settlement in fact causes damage to those around it.”
Hall v. North Montgomery Materials, LLC, 39 So. 3d 159 (Ala. Civ. App. 2008). “” § 6-5-121, Ala.Code 1975. “If a public nuisance causes a special damage to an individual in which the public does not participate, such special damage gives a right of action.”
Chambers v. Summerville United Methodist Church, Inc., 675 So. 2d 1315 (Ala. Civ. App. 1996). “” Ala.Code 1975, § 6-5-121, defines a “private nuisance” as “one limited in its injurious effects to one or a few individuals” and provides that “[a] private nuisance gives a right of action to the person injured.”
Commonwealth Savingshares Corp. v. Fayetteville Holdings, LLC, 250 So. 3d 592 (Ala. Civ. App. 2017). “" As provided in § 6-5-121, Ala. Code 1975, "[a] private nuisance is one limited in its injurious effects to one or a few individuals," and "[a] private nuisance gives a right of action to the person injured.”
North Carolina Ex Rel. Cooper v. Tennessee Valley Auth., 549 F. Supp. 2d 725 (W.D.N.C. 2008). “(quoting Ala.Code § 6-5-121). In Kentucky, the courts employ the Restatement (Second) of Torts definition of a public nuisance.”
Sw. Constr. Co. v. Liberto, 385 So. 2d 633 (Ala. 1980). “A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state.”
Lower Com. Ins., Inc. v. Halliday, 636 So. 2d 430 (Ala. Civ. App. 1994). “" The distinction between a public nuisance and a private nuisance is set out in Ala.Code 1975, § 6-5-121, as follows: "Nuisances are either public or private.”
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