In what scenario might emotional distress damages be awarded in a nuisance case?

Emotional distress damages in a nuisance case may be awarded when the nuisance significantly affects a person's mental well-being. This approach acknowledges that the impacts of nuisance go beyond mere inconvenience or physical disturbance; they can deeply affect someone's emotional and psychological state. Instances that can lead to such consequences include persistent and severe disturbances, like excessive noise, foul odors, or unsightly conditions that create a pervasive sense of discomfort and distress.

When courts consider awarding damages for emotional distress, they evaluate the severity of the nuisance and its tangible impact on an individual's quality of life. If the nuisance is substantial enough to cause significant anxiety, depression, or other emotional harm, it lays the groundwork for recovery in the form of damages. This assessment helps to ensure that individuals are compensated for the full spectrum of harm they experience due to the nuisance, rather than just physical or property-related damages.