Negligence 2

Question 1

What is recoverable under negligent infliction of emotional distress (NIED)?

Answer 1

Pain and suffering

Question 2

Instances under which negligent infliction of emotional distress arises? (2)

Answer 2

1. bystander action, or
2. direct action

Question 3

Bystander action needed to satisfy NIED (3 elements)

Answer 3

1. P owed duty if P present at scene (not in zone of danger), AND
2. suffered emotional distress, AND
3. had close relationship with injured person

Question 4

Direct action needed to satisfy NIED (1 + 2 alternate elements)

Answer 4

1. P was in zone of danger, AND
   (2a. emotional distress from D’s conduct caused physical symptoms (e.g., shock), OR
   2b. D’s negligence created emotional distress)

Question 5

Standard of care overarching rule

Answer 5

Extent of duty: D owes a duty to act as a reasonably prudent person in the same or similar situation (who has D’s relevant physical characteristics)

Question 6

When does the standard of care overarching rule not apply? (2)

Answer 6

1. negligence per se
2. special relationship

Question 7

Negligence per se overarching concept

Answer 7

A statute (including one that provides for criminal penalty) defines the standard of care. An unexcused violation of the statute constitutes negligence per se–a breach of duty

Question 8

Requirements to satisfy negligence per se (2)

Answer 8

1. P must be in the class of persons the statute was designed to protect, AND
2. the injury must be the type of injury the statute was designed to protect

Question 9

Exceptions to negligence per se (2)

Answer 9

1. statute may be excused if it would be more dangerous to follow it, OR
2. statute may be excused if compliance is beyond D’s control (unforeseeable, incapable)

Question 10

standard of care for children

Answer 10

standard of care of reasonable child of same
(1) age,
(2) experience,
(3) intelligence,
UNLESS adult activity