Babb v. Lee Cty. Landfill SC, LLC - 405 S.C. 129, 747 S.E.2d 468 (2013)

Rule:

The Supreme Court of South Carolina holds that South Carolina adheres to the traditional rule requiring an invasion by a physical, tangible thing for a trespass to exist, and accordingly, holds that odors cannot give rise to a trespass claim.

Facts:

The Plaintiffs, six individuals residing near a landfill operated by defendant Lee County Landfill SC, LLC (the Landfill) in Bishopville, South Carolina, initiated this action seeking to recover for substantial interference with the use and enjoyment of their property caused by odors emanating from the landfill. The Plaintiffs asserted nuisance, trespass, and negligence claims based on the odors. Both before and during trial, the Plaintiffs abandoned all claims for loss of use, diminution in property value, and personal injury, leaving only annoyance, discomfort, inconvenience, interference with enjoyment of their property, loss of enjoyment of life, and interference with mental tranquility as their damages claims. Following a trial, the jury awarded the Plaintiffs actual or compensatory damages totaling $532,500 on their negligence, trespass, and nuisance claims, with three plaintiffs receiving $77,500 and three receiving $100,000. The jury also awarded each plaintiff $300,000 in punitive damages. The Landfill filed motions for judgment as a matter of law or alternatively for a new trial. 

Issue:

Did South Carolina law recognize a cause of action for trespass solely from invisible odors?

Answer:

No

Conclusion:

The Court held that South Carolina law did not recognize a cause of action for trespass solely from invisible odors because it adhered to the traditional rule requiring an invasion by a physical, tangible thing for a trespass to exist. Damages recoverable for a temporary trespass or nuisance were limited to lost rental value and as such, there was no separate damage recovery for annoyance, discomfort, and inconvenience. On the other hand, damages recoverable for a permanent trespass or nuisance claim were limited to the full market value of the property. Although a negligence claim based on offensive odors was possible, such a claim had to satisfy all the elements of negligence.