Louisiana SB239 sets the burden of proof for recovery in tort claims of mental anguish and emotional distress.
Louisiana SB239 amends Civil Code Article 2315(C) to establish that, to recover for mental anguish or emotional distress without physical injury, the injured person must prove the likelihood of genuine and serious mental distress arising from the defendant's conduct. This change in burden of proof applies to tort claims involving mental anguish and emotional distress. The law takes effect on August 1, 2026.
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