Connecticut Senate Bill SB00457

Connecticut 2016 Regular Session

• Introduced: 3/11/16
• Refer: 3/11/16

Caption

An Act Concerning A Cause Of Action For Injury To Person Or Property Based On Negligent Infliction Of Emotional Distress.

Impact

If enacted, SB00457 would facilitate a new legal pathway for individuals seeking redress for emotional suffering. The law would permit these claims as long as they are initiated within three years of the incident. It introduces legal measures for calculating damages, including potential awards for attorneys' fees and court costs, thus potentially increasing litigation related to emotional distress claims. This may alter how courts handle personal injury cases involving emotional harm, as they may now consider the psychological impacts alongside physical injuries.

Summary

SB00457, titled 'An Act Concerning A Cause Of Action For Injury To Person Or Property Based On Negligent Infliction Of Emotional Distress,' aims to allow individuals who suffer emotional distress due to another's negligent behavior to seek damages through civil action. The bill stipulates that a plaintiff may bring forth a lawsuit if they can demonstrate that the negligent act of the defendant involved a significant risk of causing emotional distress, which subsequently led to reasonable distress, illness, or bodily injury.

Contention

The proposal has spurred debate regarding the implications of expanding legal responsibilities for negligence. Supporters argue that the bill will enable victims of emotional distress to seek justice and compensation, ensuring that negligent behavior is adequately addressed within the courts. However, opponents raise concerns about the potential influx of frivolous lawsuits and the challenges in quantifying emotional distress, which could overwhelm the legal system and lead to unjust settlements. Critics also warn that it may impose an undue burden on defendants, particularly in cases where emotional harm is subjective and difficult to prove.