An Act Establishing A Statutory Cause Of Action For Injury To Person Or Property Based On Negligent Infliction Of Emotional Distress.
Impact
If enacted, this bill would modify the legal framework surrounding personal injury claims, particularly those involving emotional distress. Previously, claims of emotional distress required a higher burden of proof or were tied to physical injuries; SB00932 aims to provide a more direct means of seeking compensation for emotional pain resulting from negligent acts. This could potentially lead to an increase in civil actions filed on emotional distress grounds, thereby influencing the judicial workload.
Summary
SB00932, introduced in the January Session of 2017, establishes a statutory cause of action for injuries arising from negligent infliction of emotional distress. This bill allows individuals who suffer emotional distress due to another person's negligent actions to seek recovery through civil litigation. The legislation clearly defines the criteria needed for a plaintiff to prove their case, specifically emphasizing the need for the defendant to have realized the unreasonable risk their conduct posed, alongside proof that the emotional distress was reasonable under the circumstances.
Contention
The bill may evoke debate regarding the balance between holding individuals accountable for negligence and the potential for frivolous lawsuits. Critics may argue that the ease of claiming emotional distress could lead to an increase in litigation and strain on the legal system. Proponents, however, might contend that the bill provides a necessary legal avenue for individuals who suffer genuine emotional harm due to another's negligence, thereby addressing an essential aspect of personal injury law that has been inadequately handled in the past.
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