Introduction

With the development and progress of society, people are paying more and more attention to mental and spiritual health and peace. People have found that compared with physical injuries, mental injuries sometimes cause even more serious and lasting pain to humans.

On the other hand, the advancement of science and technology, especially medical technology, has enabled more and more mental damage and its effects to be medically proven. Subsequently, various mental damage compensation lawsuits have gradually increased, more and more cases have been compensated, and the amount of compensation has become larger and larger.

So, if I suffer serious psychological harm due to the landlord’s behavior, can I sue the landlord for emotional distress? How much can i sue my landlord for emotional distress?

Emotional distress prosecution

Emotional distress prosecution is actually a type of case that has always existed. So how is emotional distress defined? Is it possible to sue and receive compensation for all emotional distress? How much can i sue my landlord for emotional distress?

After all, mental damage is intangible and can easily be disguised and exaggerated. Therefore, American law has always adhered to a theme when dealing with mental damage compensation cases, which is to limit mental damage compensation. At common law, “in the absence of physical injury, mental injury caused by negligence is generally not recoverable, no matter how serious it is, unless it constitutes a ‘cognizable mental illness’.

Emotional distress cases won

Case 1

But there is actually a very famous case in American law called Batalla v. State of New York. In this case, the plaintiff, a child (9 years old), was put into a ski chair lift by an employee without fastening his seat belt. As a result, the plaintiff was frightened as the chair remained suspended during the 12-minute descent extremely emotional.

Initially, the court considered the plaintiff’s cause of action to be false and rejected the plaintiff’s claim. The New York State Court of Appeal held that the judgment in this case was contrary to experience and logic, and that the plaintiff did suffer mental distress due to the defendant’s behavior. Ultimately, the court ruled that there was a substantial connection between the defendant’s negligent conduct and the injuries suffered by the plaintiff, and therefore the plaintiff should be compensated for the losses.

This case is famous because the plaintiff suffered mental harm, and the harm was caused solely by the defendant’s negligence in placing the plaintiff in an unsafe condition and was frightened, rather than by tangible physical harm. cause.

Therefore, if we want to consider How much can i sue my landlord for emotional distress? First, we must find out whether the emotional distress we suffer is caused by the physical damage caused by the landlord.

Mental distress compensation

Mental distress caused by physical damage

Physical damage often brings about mental damage. Therefore, the issue of compensation for mental damage caused by physical damage occupies a very important position in judicial practice. If your landlord physically harms you, such as by assault, keep the evidence as it will be easy to get compensation.

Physical damage can be used as evidence of the authenticity and severity of mental damage: for example, if mental damage causes a woman to have physical symptoms such as miscarriage, vomiting, insomnia, etc., it is easier to obtain compensation in the judicial practice of various countries today.

In short, if the landlord causes physical damage, even a small physical damage, but it is accompanied by severe mental distress, you can still get compensation by adopting the “physical impact principle”. You can consider How much can i sue my landlord for emotional distress ?Also, if your mental distress has caused mental distress to your family and friends, you can also apply for compensation.

“Dangerous Area Rules”

The “danger zone rule” is an aspect that I think is worth understanding in emotional distress compensation. It can be simply understood as “scare compensation.” Even if a person is not harmed physically but suffers mental pain due to fear of being harmed, the person who caused the danger can also be asked to bear compensation for mental damages. If your landlord threatens you but fails to take action, but you are still scared every day, you can sue for compensation. Consider How much can i sue my landlord for emotional distress?

Emotional distress cases won

Case 1

In the case of Robb v. Pennsglvania B.R., when the plaintiff woman drove her car across the railroad, her rear wheel got stuck in the slot at the intersection and was unable to move forward. The slot appeared here due to the fault of the defendant. The woman tried several times to move the car without success. At this moment, a train approached and the plaintiff fled seconds before the train hit her car and witnessed her car being shattered by the train.

Although the plaintiff did not suffer physical injuries, he suffered severe mental damage due to shock. He was unable to feed his baby and had to give up his career. The plaintiff requested compensation for mental damages. The trial court rejected the plaintiff’s claim on the basis of the “impact rule.” The Court of Appeal, however, adopted the “danger zone” rule, whereby the plaintiff was directly in the danger zone of physical harm and could therefore claim compensation.

The plaintiff’s reasons for obtaining compensation

• The defendant was at fault.
• The defendant’s conduct was the direct cause of the plaintiff’s damage.
• The plaintiff had physical symptoms.

Case 2

The “dangerous area rule” originally applied only to mental distress caused by fear of physical harm to oneself, but later also applied to cases where the plaintiff was in a dangerous area but was worried about others. For example, in the Falzene e.Buseh case, the plaintiff was driving on the road in a car driven by her husband, and a car accident occurred. Her husband was injured, but the plaintiff did not suffer any physical injuries. In the lawsuit, the plaintiff claimed that during the accident, he was worried that Her husband’s safety has resulted in mental damage. In this case, the judge ruled that the lawsuit for mental damages was established.

How much can i sue my landlord for emotional distress?

So what I want to say is that the law protects people’s rights. If you are mentally disturbed in interpersonal interactions, you must resolutely safeguard your rights and interests. Although people in society must endure some mild mental pain, it does not mean that we have to just accept it. It is important to actively protect our own rights and interests.

If I sue my landlord, how much can i sue my landlord for emotional distress? In one case, Kobe’s wife won a lawsuit for mental distress and received 16 million. We will explain in detail in the next issue and list the precautions when suing for mental distress !