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

SB 239 changes Louisiana law for lawsuits claiming mental anguish or emotional distress without physical injury. It requires plaintiffs to prove the "special likelihood" of genuine, serious mental distress directly caused by the defendant's specific conduct. This bill directly affects people filing personal injury claims where emotional harm is alleged but no physical injury occurred. The key change shifts the burden of proof to show the emotional distress was a direct result of the defendant's actions, making it harder to win such cases. The bill does not alter existing rules for claims involving physical injury.