§663-8.9 Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury. (a) No party shall be liable for the negligent infliction of serious emotional distress or disturbance if the distress or disturbance arises solely out of damage to property or material objects.
(b) This section shall not apply if the serious emotional distress or disturbance results in physical injury to or mental illness of the person who experiences the emotional distress or disturbance. [L Sp 1986, c 2, §22]
Case Notes
Defendants' motion for summary judgment on all negligent infliction of emotional distress claims granted, where plaintiffs-intervenors had not even alleged physical injury or a diagnosed illness. 535 F. Supp. 2d 1149 (2008).
Because a corpse is neither "property" nor a "material object" for purposes of this section, this section does not apply to negligent infliction of emotional distress claims arising from the negligent mishandling of a corpse. 96 H. 147, 28 P.3d 982 (2001).
Cited: 895 F. Supp. 1365 (1995).
Mentioned: 900 F. Supp. 1339 (1995); 907 F. Supp. 2d 1165 (2012).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.