Senate Bill No. 67, introduced by Senator Morris, aims to amend the Civil Code by enacting Article 2315(C), which establishes new limitations on recovery for tort claims related to negligent infliction of emotional distress when there is no accompanying physical injury. The bill stipulates that in order for an injured person to recover damages for mental anguish or emotional distress, they must demonstrate that they have suffered severe, debilitating, and foreseeable emotional distress as a result of the defendant's outrageous conduct. Additionally, this claim must be supported by competent medical evidence, and it must be shown that the defendant breached a special, direct duty owed to the plaintiff.
The proposed law emphasizes the need for a higher threshold of proof for emotional distress claims, thereby potentially reducing frivolous lawsuits and ensuring that only those with significant and verifiable emotional harm can seek recovery. This legislation is set to take effect on August 1, 2026.