Highly unlikely. Emotional distress needs to rise to a very high level before it is something you’re likely to win in court.
The test usually involves something like showing that the person is SO emotionally distressed that they cannot function normally like they used to. Like can’t sleep, work, etc.
So not really a risk of that happening from the glitter/stink bomb stuff. MAYBE if the stink bomb caused like a crazy allergic reaction or
something, but even then you’d have to prove that it was reasonably foreseeable that the allergic reaction would occur and that Marc knew/or should have known that it was likely to happen. At that point, it would honestly make more sense to sue the stink bomb manufacturer for strict product liability. Instead of Marc Rober.
I may be wrong, but I thought her claim was more akin to invasion of privacy, not a pure emotional distress claim. You can tag emotional distress along with another claim—it’s the standalone distress claim that’s almost impossible to win.
Why is the law so protective for potential burglars?
I get not wanting to put all the law into people's hands because yes, life-changing injuries and/or death could happen to the perpetrator (or innocent passers-by) but sometimes it feels like burglars are suing for industrial injury in the workplace or something ha.
I believe the booby trap lawsuit specifically covers physical damage, because if it covered nonphysical then one could argue jump scares, glitter bombs, in general most pranks could fall under being a booby trap.
Considering the post office has thier own seperate police force with thier own training and rules and take mail tampering or theft very seriously, a criminal could certainly try but I doubt any attorney is going to be willing to get within a hundred miles of that case lol
No, I'm saying that if a criminal brings that kind of a case forward, that means they have to admit to tampering with someone else's mail, which is a federal offense that the post office has thier own specific police to deal with.
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u/UntestedMethod 5d ago
What about Mark Rober's anti-porch-pirate glitter bombs? Could those be considered to cause emotional distress to the thieves?
I'm just curious where the line is...