§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).
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
663-1 Torts, who may sue and for what.
663-1.2 Tort liability for breach of contract; punitive damages.
663-1.3 "Ad damnum" clause prohibited.
663-1.4 Payment of reasonable attorney's fees and costs in defense of suit.
663-1.5 Exception to liability.
663-1.8 Chiropractic society; peer review committee; no liability; exceptions.
663-1.53 Liability for operation of a family child care home.
663-1.55 Volunteer firefighters; limited liability.
663-2 Defense of lawful detention.
663-4 Actions which survive death of wrongdoer or other person liable.
663-5 Death of defendant, continuance of action.
663-7 Survival of cause of action.
663-8 Damages, future earnings.
663-8.3 Loss or impairment of earning capacity; damages.
663-8.5 Noneconomic damages; defined.
663-8.7 Limitation on pain and suffering.
663-9 Liability of animal owners.
663-9.1 Exception of animal owners to civil liability.
663-9.5 Liability of firearm owners.
663-10 Collateral sources; protection for liens and rights of subrogation.
663-10.6 Exemption for providing shelter and subsistence to the needy.
663-10.9 Abolition of joint and several liability; exceptions.
663-10.95 Motorsports facilities; waiver of liability.
663-10.98 Design professional liability; highways.
663-10.99 Trespass; limited liability of agricultural land owner.
663-11 Joint tortfeasors defined.
663-12 Right of contribution; accrual; pro rata share.
663-13 Judgment against one tortfeasor.
663-15.5 Release; joint tortfeasors; co-obligors; good faith settlement.
663-21 Advance payments not admission.