Provides relative to burden of proof for recovery in tort claims of mental anguish and emotional distress. (8/1/26)

SB 239 enacts a new paragraph to Louisiana Civil Code Article 2315 that establishes a specific burden of proof for plaintiffs seeking to recover damages for mental anguish or emotional distress when no physical injury is present. The new provision requires that an injured person prove the especial likelihood of genuine and serious mental distress arising from the circumstances of the defendant's conduct. This codification addresses tort claims where a plaintiff alleges mental or emotional harm as the sole basis for damages without accompanying bodily injury, creating a heightened evidentiary standard that plaintiffs must satisfy to prevail in such cases.

The practical effect of this statute falls primarily on plaintiffs pursuing tort claims for purely emotional or mental injuries and on defendants in such litigation. Plaintiffs bringing claims for mental anguish or emotional distress without physical injury must now demonstrate not merely that they suffered such distress, but specifically that the defendant's conduct made genuine and serious mental distress an especial or particular likelihood. This requirement increases the plaintiff's burden at trial and may eliminate marginal claims where emotional harm exists but the defendant's conduct did not create a particularly foreseeable likelihood of serious mental distress. Defense counsel in tort cases will benefit from this clearer standard, as it provides a more concrete threshold for opposing such damages claims and moving for dismissal or summary judgment when the plaintiff cannot meet this proof requirement.

This provision operates within the framework of Louisiana Civil Code Article 2315, which establishes the general principle that every act causing damage to another obliges the person whose fault caused the damage to repair it. Existing Louisiana tort law permits recovery for mental anguish and emotional distress in certain circumstances, but this amendment adds a specific evidentiary requirement to cases where such distress occurs absent physical injury. The statute becomes effective August 1, 2026, and operates alongside Louisiana's established rules of civil procedure and evidence, requiring plaintiffs to present proof satisfying this standard before recovering for nonphysical emotional harm.