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Vibrations

Vibration may amount to a nuisance when it causes any physical discomfort to neighbors who has ordinary sensibility or results in injury to their property.  However, whether the vibration results in a nuisance generally depends on the circumstances of the case, including the locality, nature of the business, character of the machinery, and the manner of using the property that produce annoyance.

In Caporale v. C. W. Blakeslee & Sons, Inc.[i], an action was filed for an injury caused by defendant’s pile driving operations to plaintiffs’ building.  The Court found that the injury was caused by the pile driving operations that were intrinsically dangerous, and therefore, the contractor was liable without proof of negligence.

Liability for damage from vibrations caused by blasting can be asserted on negligent conduct.  Some authorities have rejected the application of the doctrine of absolute liability to cases involving damage by vibrations resulting from blasting. Instead they follow the view that liability depends on the presence or absence of negligence[ii].

[i] 149 Conn. 79 (Conn. 1961)

[ii] Reynolds v. W. H. Hinman Co., 145 Me. 343 (Me. 1950)


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