Tragically, in the USA, the legal system is not designed to generally improve society. Instead, it is based upon a win or lose system of what is a “right” and over the years the courts have made some rights unassailable, and other rights nonexistent. Let’s Talk About How Truly Bizarre Our Supreme Court Is.
Therefore, a lawsuit in the USA must take this into consideration. Here is a list of possible strategies.
- Discrimination
- Civil Rights
- United Nations Basic Human Rights
- Injury – Eye Damage, Physical Damage, Emotional Trauma
- Equal Employment Opportunity Commission – Loss of Work
- Defective Product
- Federal Trade Commission – Deceptive Marketing
- Whistleblower
- Class Action and Mass Tort
- Nuisance
Current and Past Lawsuits Involving Light
Defective Product
Many LED products are defective because they are inherently dangerous. Products Liability includes all parties along the chain of manufacture, sale, and operation.
Nuisance
There are public and private nuisances. A public nuisance is when your right to use of public commons is unreasonably interfered with. A private nuisance is when your right to quiet enjoyment of your property is interfered with.
This case law shows that light is a pollutant, that light trespass is a nuisance, and that light trespass constitutes an illegal taking of property rights. https://www.americanscientist.org/article/how-property-rights-can-fight-pollution – Quotes:
1959 Martin v. Reynolds Metals – “We think that a possessor’s interest in land as defined by the considerations recited above may, under the appropriate circumstances, be violated by a ray of light, by an atomic particle, or by a particulate of fluoride.”
1913 Richards v. Washington Terminal – “We deem the true rule, under the Fifth Amendment . . . to be that while the legislature may legalize what otherwise would be a public nuisance, it may not confer immunity from action for a private nuisance of such a character as to amount in effect to a taking of private property for public use.”
Bormann v. Board of Supervisors, in 1998, led to a similar ruling. The Iowa Supreme Courtheld unconstitutional state “right to farm” statutes that permitted odors to invade other properties, because the laws constituted a taking of the property rights of those who were subjected to them.
Follow these steps to eliminate an LED light nuisance affecting you.