Negligence MBE

Question 1

What is the NIED bystander theory?

Answer 1

A defendant is liable for NIED under the bystander theory when:
1. the defendant negligently caused serious bodily injury to the plaintiff’s close relative
2. the plaintiff contemporaneously witnessed the event
3. the plaintiff consequently suffered emotional distress.

Question 2

What is the rule for damages, once all other elements of negligence have been proved?

Answer 2

A plaintiff can recover for all damages, including past, present, and prospective, both special and general. It is generally not necessary for the defendant to foresee the extent of the harm caused.
When a plaintiff is unusually susceptible to injury, the defendant will still be liable for subsequent injuries because he takes the victim as he finds him.

Question 3

What are the 2 special instances where bystanders can recover outside the bystander recovery theory?

Answer 3

1. the mishandling of bodies, causing emotional distress to a close relative of the deceased
2. a negligent telegram company who incorrectly announces that a person is dead or seriously injured, delivered to an intimate family member.

Question 4

What is the rule for misrepresentations and products?

Answer 4

A plaintiff can recovery for misrepresentations by manufacturers and suppliers if the misrepresentation was of a material fact concerning the quality or character of the product and the plaintiff was injured after relying on this misrepresentation.

Question 5

What is the rule for trespass to chattels?

Answer 5

A defendant is liable when they intentionally interfere with a plaintiff’s use or possession of a “chattel” and caused harm.

Question 6

What is the rule for recovering only emotional distress?

Answer 6

As a general rule, a claim for negligently causing emotional distress must be connected to a physical injury.