Florida Adds Odors, Smoke as Mental Anguish Damage Triggers
- Impact from particles, however slight, can bring claims
- Court relies on bacterial infection and asbestos cases
Plaintiffs in Florida can sue for pain and suffering damages even if the only physical touch they receive is exposure to microscopic particles like foul odors and smoke, a state appeals court ruled Friday.
The estate of woman who suffered a heart attack can sue her prior landlord for “mental anguish” after she was exposed to the smells from raw sewage, sand in water, and heat from wiring, the Fifth District Court of Appeals ruled in a decision strengthening claims for these types of damages.
Defendants seeking to block mental damages often invoke the “impact rule,” a theory that bars …
