A noxious substance refers to a substance that is extremely harmful of offensive sometimes to the point of having the potential to cause death. A person has a legal right to not be forced to come into contact with noxious substances under nuisance laws. Courts will typically require a defendant to immediately stop producing noxious substances if it is determined that it meets the legal requirement to be labeled as noxious.
Some examples of noxious substances are certain types of smoke, toxic fumes, or anything else that can be detected through one’s sense of smell. As explained, a person who is being affected by a noxious substance would typically bring a nuisance claim to court. Depending on the circumstances, a court can issue an injunction that would require the defendant to stop whatever practice that is producing the noxious substance. In fact, most plaintiffs will be given a temporary injunction before the trial which will require the defendant to stop producing noxious substances before the trial.