The tort of causing another severe emotional distress through one's negligent conduct. • Most courts will allow a plaintiff to recover damages for emotional distress if the defendant's conduct results in physical contact with the plaintiff or, when no contact occurs, if the plaintiff is in the zone of danger. See emotional distress; zone-of-danger rule. — Abbr. NIED. Cf. intentional infliction of emotional distress.
zone-of-danger rule. The doctrine allowing the recovery of damages for negligent infliction of emotional distress if the plaintiff was both located in the dangerous area created by the defendant's negligence and frightened by the risk of harm.
impact rule. Torts. The common-law requirement that physical contact must have occurred to allow damages for negligent infliction of emotional distress. • This rule has been abandoned in most jurisdictions. — Also termed physical-impact rule.
Black's Law Dictionary (9th ed. 2009)
Dillon v. Legg: Witnessing the Harm
Three factors to consider in determining whether to establish a duty to the plaintiff:
1) Whether plaintiff was located near the scene of the accident;
2) Whether the shock resulted from a direct emotional impact upon plaintiff from the sesory and contemporaneous observance of the accident; and
3) Whether plaintiff and the victim were closely related.
Dillon v. Legg: Witnessing the Harm
Three factors to consider in determining whether to establish a duty to the plaintiff:
1) Whether plaintiff was located near the scene of the accident;
2) Whether the shock resulted from a direct emotional impact upon plaintiff from the sesory and contemporaneous observance of the accident; and
3) Whether plaintiff and the victim were closely related.
Understanding Tort's Fifth Edition
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.