Can I claim and file for emotional distress if my ceiling fan fell right next to me while I was sleeping?

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Can I claim and file for emotional distress if my ceiling fan fell right next to me while I was sleeping?

Asked on November 4, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you cannot. Emotional distress is only recoverable (that is, something you can receive compensation for) in special circumstances, which do not exist here. Typically, to recover for emotional distress, either the wrongful acts must have been deliberate (such as assault, stalking, harassment) or you must have seen, at close range, a loved one killed by an accident.


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