Weston Lawyers: Pig Stench Lawsuit Passes The Smell Test

Since we began the westonlawyers blog, we have commented on several unique legal cases. But none has been as interesting as this one. It seems that a hog farmer in Stockton Lake Missouri was recently sued by a local neighbor because of the stench emanating from his hog farm. Before you determine that this is laughable and frivolous you might want to note that the neighbor was awarded a $1.1 million settlement. You say, "$1 million because of the smell?" The short answer is yes but there is more to the story. While this suit may at first seem superficial and random let’s look at some of the details of the case.

First, the family that filed the lawsuit was not new to the neighborhood. It wasn't as if they moved into the neighborhood with prior knowledge that a hog farm was so close to their house. As a matter of fact, they were 30 year residents of the neighborhood and built their home themselves.

Second, it’s important to note that the hog farm in question operated for six years without a permit from the Department of Natural Resources. Furthermore barns were erected less than 1,000 feet from the family's property line. One of the barns was also built without a permit.

Third, this is not the only complaint of its nature. According to Charlie Speer, a Kansas City attorney, he has “...about 350 cases involving large factory farms and odors around the state.” There is also case precedent. In 2006, a similar case in Jackson County Missouri was filed and resulted in an award of $4.5 million!

A second look shows that this lawsuit was anything but frivolous. We all know frivolous lawsuits when we see them. There is the story of a burglar who injured himself, sued the homeowner and won! Then there was the guy who sued the makers of Oreo cookies to get them to stop selling their cookies to children! The best one is the story of a guy who sued a beer company for hangovers and false advertising because the beer did not make him popular with women!

As long as they're human beings on this earth, there will be frivolous lawsuits. Our cautionary note is against assuming that a lawsuit which at first appearance seems frivolous may not be at all. As in every situation in life, there's always more to the story.