Serious emotional distress arising from property damage; cause of action abolished; exception for physical injury
Applied in 8 court decisions — leading case 21 Cal. 4th 543 - Erlich v. Menezes (1999)
Most recently applied in Ansagay v. Dow Agrosciences LLC (December 2015)
L Sp 1986, c 2, §22
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.