Many courts are also becoming more sympathetic to plaintiffs with preexisting health conditions or genetic frailties. Two cases illustrate this trend. The court reached this determination despite arguments that the landowner's illness made him more vulnerable to debris and dust than would be persons of ordinary health. The court also held that the cement plant could not escape liability merely because it was complying with state pollution standards. The court was not persuaded that the mink were abnormally squeamish or that the landowner was primarily responsible for their death because he had chosen to move next to the dump with full knowledge of its activities.
Aesthetic nuisances are another area where courts have produced inconsistent results.
These cases reflect judges' reluctance to hold themselves out as standard-bearers for good taste. Yet aesthetic nuisances are still recognized by courts as viable claims when the extent of the injury is more serious. Judges distinguish between minor vibrations and bone-shaking tremors, normal barnyard smells and sickening stenches, and puffs of dust and blizzards of topsoil. An activity that overcomes extreme defensive measures taken by neighboring properties will be declared a nuisance. Nocturnal noises interfering with sleep can also sound the death knell for a particular activity, especially when there is evidence of widespread community dissatisfaction and not just a single complaint.