NCJ Number
162991
Journal
Seton Hall Law Review Volume: 26 Issue: 2 Dated: (1996) Pages: 512-543
Date Published
1996
Length
32 pages
Annotation
This article examines the bystander's cause of action for emotional injury and some general policy questions concerning the manner in which it has been treated in the jurisdictions that have considered it.
Abstract
The article summarizes the development of the law concerning causes of action for emotional injury, including liability to bystanders, and focuses on three tests used in most jurisdictions recognizing the bystander cause of action for determining whether a plaintiff is eligible to make a bystander claim. The one standard, which requires the existence of a familial relationship between the claimant and the person whose injury resulted in the emotional distress informing the claim, is analyzed in detail. The other two eligibility standards, based on proximity and observation, i.e., that the plaintiff was located at or near the scene of the accident and witnessed the infliction of injury on the third person, are covered more generally. It has been 60 years since the issue of liability for emotional distress was first addressed formally. It is time to craft approaches in respect to bystander claims that accurately reflect the current state of knowledge concerning emotional injury and relationships in society. Footnotes