Chang v. Chun

The tort of trespass is considered strict-liability and occurs when a person intentionally goes on another’s land. Berschauer v. State Dept. of Gen. Admin., 1 Wash App 2d 1044, 2017 WL 6343652 (2017). It follows that if damages occur from the emotional distress one suffers as a result of trespass, one may recover under trespass damages. Id. at 7.

Sophia and E’s claim of trespass was dismissed by the trial court for failure to state a claim under Washington trespass law. Sophia and E appealed the dismissal of their claim and argued that economic damages resulting from intentional infliction of emotional distress were enough to prove trespass damages under Washington law. Chun argued that Sophia and E must show damage to the property before damages from emotional distress. The tort of trespass is considered strict-liability and occurs when a person intentionally goes on another’s land. Berschauer v. State Dept. of Gen. Admin., 1 Wash App 2d 1044, 2017 WL 6343652 (2017). It follows that if damages occur from the emotional distress one suffers as a result of trespass, one may recover under trespass damages. Id. at 7. The Court held that because Berschauer qualifies to be cited as nonbinding authority, because it was decided after March 1, 2013, the Court was persuaded that Sophia and E’s damages resulting from emotional distress were enough to sustain a trespass claim under Washington Law. Reversed and remanded.