I was teaching a specific breathwork set involving rapid exhalations. A student with a history of trauma went into a severe panic attack and dissociation. She had to be hospitalized for psychiatric observation. She is suing me for “Infliction of Emotional Distress,” claiming I was unqualified to lead such intense “psychological” work.
Key Takeaways
- Bodily Injury vs. Personal Injury: Standard General Liability covers physical injury. It often excludes purely mental injury (PTSD, anguish) unless there is a physical manifestation.
- “Scope of Practice” Drift: Did you market this as “Trauma Release”? If so, you acted as a therapist. Exclusion triggered.
- The “Medical” Exclusion: Claims arising from “medical or psychological treatment” are excluded on yoga policies.
- Duty to Refer: You have a legal duty to stop if a student is in distress and refer them to a professional.
The “Why”: The Mental Anguish Exclusion
The Trap:
Check your policy definitions of “Bodily Injury.”
Does it include “Mental Anguish, Shock, or Emotional Distress”?
Some policies say: “Bodily Injury means bodily injury, sickness, or disease… excluding mental anguish.”
If the student wasn’t physically hurt, but merely “triggered,” you might have no coverage for the lawsuit.
The Investigation: I Quoted 3 Major Carriers
1. Markel
- My Analysis: They offer a definition of Bodily Injury that can include mental anguish resulting from a physical incident. But pure psychological injury from breathwork is a grey area.
2. ABMP (Associated Bodywork & Massage)
- My Analysis: They cover somatic therapists. If you are doing “Somatic Yoga” for trauma, you might need a policy from them rather than a standard yoga carrier.
3. beYogi
- My Analysis: They cover the instruction of yoga. If you stick to “Pranayama” (standard yoga), you are covered. If you call it “Trauma Therapy,” you are exposed.
[IMAGE: Screenshot of a “Trauma Informed” disclaimer on a website]
Comparison Table: Emotional Distress Coverage
| Carrier | Covers Mental Anguish? | Scope Limit | Best For… |
| Markel | Conditional | Yoga Only | General Teachers |
| ABMP | Yes | Somatic Work | Bodyworkers |
| Standard GL | NO | Physical Only | Gyms |
Step-by-Step Action Plan
- Change Your Marketing: Remove “Healing Trauma” from your bio unless you are a licensed therapist. Use “Trauma-Informed Yoga.”
- The Disclaimer: “This class is not therapy. If you have a history of PTSD, consult your doctor.”
- Safe Word: Establish a signal for students to leave the room without questions.
- Check Policy Definition: Does “Bodily Injury” include mental distress?
FAQ
Is breathwork considered yoga?
Yes, Pranayama is a limb of yoga. Holotropic breathwork is often considered “Therapy.”
Can I touch a student having a panic attack?
High risk. Ask permission or give them space. Unwanted touch during trauma activation can lead to battery claims.
Do I need a PhD to teach this?
No, but you need insurance that understands the risk.