Question

Plaintiff and Defendant were classmates who sat next to each other. Plaintiff filed a lawsuit against Defendant alleging that Defendant had "offensive and bad breath" and that the condition polluted the classroom environment making it difficult to concentrate and learn. Has the plaintiff stated a valid cause of action?

Answer 1

Answer:no , the plaintiff has not stated a valid cause of action .

Explanation:

A valid cause of action is sufficient justifiable reasonsfor a plaintiff to sue the defendant.

Offensive and bad breath is not sufficient justifiable reason to say it has disrupted the normal learning in the classroom .

The plaintiff can't real give reasonable proof to say that a smelling breath is polluting the air in the class .

An individual person breath can't surely be the cause for the pollution in the class .

There could be an animosity between these two classmates which is not related to what the plaintiff says because this reason alone is not enough to sue someone .

One can make suggestions for a person to keep hygiene without taking them to court .